City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal and Others

The City of Johannesburg, an authorised local authority under the Town-Planning and Townships Ordinance 15 of 1986, is empowered to rezone land and approve township establishment within its municipal area. From 1997, provincial development tribunals established under Chapters V and VI of the Development Facilitation Act 67 of 1995 (DFA) began approving rezoning and township establishment applications within the City’s jurisdiction. The City contended that these tribunal decisions undermined its integrated development planning instruments and enabled forum-shopping. Two specific developments (Roodekrans and Ruimsig) were approved by the Gauteng Development Tribunal despite City opposition. The City challenged the constitutionality of the DFA provisions and sought review of the tribunal decisions. The High Court dismissed the challenge. On appeal, the Supreme Court of Appeal declared Chapters V and VI of the DFA unconstitutional and referred the order to the Constitutional Court for confirmation.

The declaration of invalidity of Chapters V and VI of the Development Facilitation Act 67 of 1995 was confirmed. The declaration of invalidity was suspended for 18 months to allow Parliament to correct the constitutional defect. Ancillary relief relating to the review of individual tribunal decisions was not granted.

This is a leading case on the constitutional allocation of powers between spheres of government. It authoritatively defined 'municipal planning' as including land use control, rezoning, and township establishment, thereby strengthening municipal autonomy. The case curtailed provincial encroachment into local government functions and significantly influenced subsequent land use planning legislation in South Africa.