In this first installment of a three-part investigative series uncovering some lesser-known facts about Cape Town's development zone, Daily Maverick reports on the political capture of the Municipal Planning Tribunal, the official body that handles billions of rands per year in land-use applications. In accordance with national law, these tribunals are considered independent. But the DA-led municipal council has passed a by-law that allows members to serve for life.
fractions and additions
On page 46 of the Government Gazette of 5 August 2013, directly beneath a bold sub-heading which explains what the new section will address, is a statement that leaves zero room for interpretation.
“The term of office of the members of the Municipal Planning Tribunal is five years or such less period as the Municipal Council may determine,” it notes“Provided that a member shall not serve as a member continuously for a period of 10 years.”
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The statement, which incorporates Section 37(1) of the Spatial Planning and Land Use Management Act of 2013, otherwise known as Spluma, aims, by its very nature, to protect the independence of Municipal Planning Tribunals (MPTs) across the country.
As the drafters of the law were well aware, such independence is vital for the clean and transparent functioning of local governments, given the commercial influence that MPTs can typically exercise. In a fast-growing property market like Cape Town, where the MPT decides on all Category 1 land-use applications – Rezoning, subdivision, permanent departure, removal of restrictive title deed conditions – this has the power to more than quadruple the property value.
On 30th June 2025…