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CIfA Newsflash 03/2021 | Notice of Authorisation to Deviate from Provisions of Act

Authorisation by the Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape in terms of section 60(2) of the Act, on 10 February 2021, to municipalities in the Western Cape to deviate from the provisions of section 44(2)(b) of LUPA.

  1. The Practice Notes Engagement Group (CIfA/SAACPP/UDISA members and city officials) has been actively engaging with the City to amend the advertising regulations for LUM departures particularly where consent of large townships is required.
  2. The City has supported this and referred the matter to the Provincial Government of the Western Cape who are also supportive and are in the process of amending LUPA by deleting section 44(2)(b).
  3. Provincial Cabinet granted in principle approval on 3 July 2020 for the drafting of the amendment bill and has subsequently, on 4 August 2020, approved the publication of the draft bill for public participation.
  4. The period for submission of comments on the draft bill ended on 25 September 2020.
  5. All comments (5) received were essentially supportive of the draft bill and did not result in the need for any amendments to the draft bill itself.
  6. The Minister of Local Government, Environmental Affairs and Development Planning subsequently submitted the certified Bill and other supporting documentation to the Speaker of the Western Cape Provincial Parliament on 9 November 2020.
  7. The procedural officer of the Western Cape Provincial Parliament has finalised the preparation of printers proofs to publish the Bill for public consultation.
  8. At this stage, it is not possible to advise on the exact details and dates of events thereafter as these are not known at the moment, but it is hoped the process of amending LUPA by deleting section 44(2)(b) will be concluded and promulgated later this year.
  9. Until this is promulgated, Ministerial Authorisation for local authorities to deviate from the provisions of Section 44 (2) (b) is rolled over every 90 days. Authorisation number 4 was promulgated on Wednesday 10 February 2021 – see attached Authorisation, Circular 0003-2021 and Provincial Government Gazette GJ_8383 for our members’ attention.

Circular 0003-2021

Ministerial Authorisation No 4_10 Feb 2021 (CW 20210128) (002)

prov-gazette-Extra-2021-GJ_8383-Notice-to-Deviate