Johannesburg - The dispute between the Johannesburg municipality and the Gauteng Development Tribunal as to who has the authority to regulate and control land use will proceed in the Constitutional Court this month.

Although authority over land use usually lies with municipalities, the Development Tribunal can also make decisions in terms of the Development Facilitation Act - and it in fact does.

The tribunal has often approved property developers' applications for development rights.

But on September 22 last year the Court of Appeal found Chapters V and VI of the Development Facilitation Act, which deal with land development usage, unconstitutional.

Because of this ruling the municipality does not recognise decisions made by the Development Tribunal.

The case will now be heard in the Constitutional Court on February 24 and 25, after having been heard in both the High Court and the Court of Appeal.

Tsakane Shilubane, manager for legal services at the South African Property Owners Association (Sapoa), says the issue has devolved into a conflict between two legs of government as to who has the authority to make decisions on land development.

- Sake24.com

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