Cape Town – Mayor Geordin Hill-Lewis says the City of Cape Town has declared a formal intergovernmental dispute over what it describes as “unconstitutional and unlawful” District Development Model regulations.
The regulations came into effect in May this year under the Intergovernmental Relations Framework (IGFR) Act.
In a letter to the Cooperative Governance and Traditional Affairs (COGTA) minister this week, Mayor Hill-Lewis said the regulations unlawfully infringe on local government’s constitutional role of municipal planning, amounting to a major red-tape burden without adding value to local government outcomes.
Mayor Hill-Lewis said the regulations mandate each municipality to draw up a “One Plan” together with other spheres of government, for ultimate “approval” by the COGTA minister and “adoption” by the national Cabinet.
Hill-Lewis said the regulations further introduce an unlawful veto power for the COGTA minister over the contents of the One Plan, which infringes on local government’s constitutional autonomy and responsibility to regulate municipal planning under section 155 (6)(a) and (7) of the Constitution.
The City further argues that the “One Plan” is a duplication of the Integrated Development Plan process, which is the legally mandated tool for each municipality to guide economic, social, and environmental priorities.
“The law already requires every municipality to adopt a five-year strategic plan – known as an Integrated Development Plan, or IDP – which includes consultation with all spheres of government, residents, and stakeholders,” said Mayor Hill-Lewis.
“The ‘One Plan’ is a wasteful duplication of this, and may even conflict with a lawfully adopted municipal IDP.
“Besides being unconstitutional and unlawful, the regulations add major red tape and bureaucracy that will divert municipal resources from delivering essential services.
“We have extensively engaged national government, including when the regulations were still in draft, and so we are now left with no option but to declare this dispute under the IGR Act.
“We hope for an amicable and speedy resolution – either withdrawing or amending the regulations – so that further litigation is not necessary.”
Under the IGFR Act, a meeting must now be convened between the City and national government to set out the process of dispute resolution and designate a facilitator.
The COGTA minister was yet to reply.
