Abstract
Rural and former homeland areas, mostly within a semi-urban context, are predominantly characterised by parallel statutory and customary legislative regimes which are both fully recognised under the current constitutional dispensation of the Republic of South Africa. The existence of this dichotomy in rural South Africa pre-dates the 1996 Constitutional dispensation and is therefore the legacy of the apartheid era, which saw the passing of various laws such as the Bantu Homelands Constitution Act, 1971 (Act 21 of 1971) which was also later renamed the Self-Governing Territories Constitution Act, 1971 (Act 21 of 1971). The basis of the passing of these laws emanated from subsequent laws such as the Bantu Authorities Act, 1951 (Act 68 of 1951) and the Promotion of Bantu Self-Government Act, 1959 (Act 46 of 1959) which also resulted in the establishment of tribal/traditional, territorial and regional authorities which relied on customary and indigenous understanding to the management of land. The statutory regulation of planning and land use management was later introduced in the self-governing and homeland areas with the promulgation of Proclamations R293 of 1962 and R188 of 1969 which were enacted as Land Use and Planning Regulations in terms of the Black Administration Act, 1927 (Act 38 of 1927). This signalled the beginning of a legacy of parallel land use and land development application procedures found in the semi-urban contexts of Post-Apartheid South Africa...
M.Eng. (Sustainable Urban Planning and Development)