City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others

Provincial ordinances, including the Town-Planning and Townships Ordinance 15 of 1986, confer authority on municipalities to regulate land use within their municipal areas through town-planning schemes and township establishment controls. Chapters V and VI of the national Development Facilitation Act 67 of 1995 (DFA) conferred similar powers on provincial development tribunals, enabling them to approve land development and land use changes within municipal areas, even contrary to municipal planning schemes and integrated development plans. The City of Johannesburg experienced instances where the Gauteng Development Tribunal approved rezoning and township developments within its jurisdiction, despite municipal opposition and inconsistency with its planning instruments. After failed intergovernmental engagement, the City applied to the South Gauteng High Court for a declaration that Chapters V and VI of the DFA were unconstitutional. The High Court dismissed the application, and the City appealed to the Supreme Court of Appeal.

The appeal was partly upheld. Chapters V and VI of the Development Facilitation Act 67 of 1995 were declared unconstitutional. The declaration of invalidity was suspended for 18 months, subject to conditions that development tribunals may not consider new applications for the grant or alteration of land use rights in municipal areas, nor amend land use measures on their own initiative. The matter was directed to be lodged with the Constitutional Court.

This case is a leading authority on the constitutional division of powers between municipalities and other spheres of government. It firmly established that land use management and zoning are core components of 'municipal planning' constitutionally reserved to municipalities. The judgment curtailed the use of provincial development tribunals to bypass municipal planning controls and reinforced the autonomy and original constitutional status of local government in South Africa. It paved the way for later Constitutional Court confirmation and influenced subsequent planning legislation.