Land use planning mandates: a quest for legal certainty
This thesis focuses on the lack of legal certainty with regard to the exercise of planning law mandates of the respective spheres of government in South Africa. An attempt is made to uncover the reasons for the lack of legal certainty by looking at the pre-1994 planning regime and the regulatory framework inherited by the new dispensation. Thereafter, the subsequent Constitutional and legislative developments are outlined and areas of confusion are identified. Reasons are given for why cooperative governance has failed to allay such confusion. Lastly, the subsequent attempts by the judiciary and the legislature are analysed to see whether they have successfully provided for the legal certainty needed.
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Institute of Marine and Environmental Law