While the process to enact a new, post- apartheid planning law was long overdue and fraught with numerous challenges, Parliament eventually succeeded in passing SPLUMA in 2013. In an unexpected twist of events, three days after SPLUMA came into effect in 2015, traditional leaders vowed to defy and oppose the implementation of SPLUMA in their areas of jurisdiction. They were unhappy about the passing of the legislation for several reasons. First, they argued that SPLUMA did not recognise them as traditional leaders and landowners. Second, it was submitted that SPLUMA gave municipalities the sole discretion to decide on who gets to sit on municipal planning tribunals even on communal land. Lastly, they opposed the implementation of the Act on the basis that they were not consulted when the law was developed. These remarks, made by members of the National House of Traditional leaders during an address to the then Minister of Rural Development and Land Reform, Gugile Nkwinti, marked the beginning of a protracted contestation between traditional leaders and municipalities, the sphere of government responsible for the implementation of SPLUMA throughout the Republic including in areas under traditional authority. This article reflects on some of these issues and assesses the progress made in practice to implement SPLUMA in areas governed by traditional leaders to date.

Issues impeding implementation of SPLUMA in traditional areas

Although recent empirical research unearthed some of the major reasons why traditional leaders opposed the implementation of SPLUMA in their areas (research conducted from 2018-2023). These reasons encapsulate the obstacles that stood in the way of effective implementation of SPLUMA in areas governed by traditional leaders and they included:

1. the lack of meaningful engagement by traditional leadership when SPLUMA was introduced at national level;
2. outright rejection of SPLUMA;
3. misunderstanding of SPLUMA;
4. the lack of trust in municipalities;
5. the lack of trust in planning instruments and processes; and
6. the exclusion of traditional leaders from municipal planning tribunals.

In this research, recommendations were made in an attempt to resolve these issues and thus kick-start the daunting task of implementing SPLUMA in areas governed by traditional leaders. The summary of the recommendations include:

1. the national government must meaningfully engage the National House and Provincial houses of traditional leadership about SPLUMA while municipalities must engage local houses of traditional leadership on SPLUMA; 
2. recognise traditional leaders as authorities of first instance in municipal planning by-laws;
3. include traditional leaders as members of Municipal Planning Tribunals;
4. capacitate traditional leaders to understand the meaning and benefits of land use schemes; and
5. formulate a developmental beneficiation model between traditional leaders and municipalities.

Interventions and current state of affairs

After SPLUMA came into effect in 2015, its roll-out and implementation in urban areas by municipalities did not face any major challenges apart from municipalities being incapacitated to carry out their out their activities under SPLUMA in an efficient and effective manner. The same however, cannot be said in the rural areas governed by traditional leaders, mainly due to the reasons stated above coupled with capacity constraints. Realising the impact of the contestation between traditional leaders and municipalities over the implementation of SPLUMA on service delivery and responsible planning, the Department of Agriculture, Land Reform and Rural Development (DALRRD) initiated the Land Planning Programme (LPP) in February 2023 under the auspices of the National Spatial Planning and Land Use Management Forum (NSPLMF) in collaboration with the National House of Traditional and Khoisan Leaders. The NSPLMF is the primary intergovernmental relations platform and its overarching mandate is to oversee and support the implementation of SPLUMA. This article focuses on the LLP which deals with the implementation of SPLUMA in rural areas governed by traditional leaders.

Ever since the LLP was initiated, remarkable progress has been made in terms of securing the buy-in of traditional leaders to support the implementation of SPLUMA in their areas of jurisdiction. For example, 12 pilot sites have been identified for the roll-out of the LPP across eight provinces. This was preceded by an extensive consultative process with different stakeholders at national, provincial and local levels, including traditional leaders, to introduce the concept. From December 2023 to date, 11 traditional council Area Plans in the following traditional councils: Gaza, Bhaziya, Bolata, Amandebele Ndzundza-Sokhulumi, Molefe, Rambuda, Magadimana ntweng, Ndzundza Fene, Batlhaku Batutu, Mvezo Komkhulu, Baga Mahura, Masiah (Ha Matsila) have been developed. Despite the steady progress, there are still challenges to be addressed. Due to space limitation, the article briefly presents an update on the work done through the LPP in two traditional council areas.

Land Planning Programme: The case Sokhulumi traditional and Bolata traditional areas 

The Sokhulumi traditional area falls under the City of Tshwane municipal area. It was discovered that the old Land use Scheme of the municipality made no provision for the development of rural areas. However, the reviewed Land Use Scheme allows for “designated” areas. Similarly, in the Free State, it was discovered that the municipal policies and strategies of the Maluti-a-Phofung Local Municipality, under which the Bolata traditional council falls, were silent on planning in the traditional area. Detailed planning of the traditional area was not included in the Land Use Scheme of the municipality. The exclusion of traditional areas in the Land Use Schemes of many municipality is a recurring theme which the LPP seeks to address. However, what worked well in both areas was the hands-on involvement of the traditional council throughout the process (from initiation to completion). This assisted with the completion of the project and the development of an implementable plan. Through the LPP, the buy-in and co-operation of traditional leaders was secured from the start of the project through an industrious relationship as well as, regular site visits and virtual communication. Furthermore, a plan for the community by the community was ultimately developed. Plans are now underway to compile a land rights register for Bolata Village which means there is a need to develop a data management system for an area that lacks formal planning and existing data.

In closing, there is tremendous work being done in the other pilot sites and what has seemed to be the main ingredient in the relative success of the LLP thusfar is the extensive engagements, co-operation and support of the traditional councils in supporting the implementation of SPLUMA through the LPP.

By Xavia Poswa