Madam Chair, I think you will recall that land use planning is in Schedule 4 of the Constitution, meaning that it is part of the provincial governments' responsibility - and also municipalities - in terms of Schedule 5 of the Constitution.
In that respect, national government doesn't have, in terms of the Constitution, a responsibility for planning as a function. Its task is to do oversight on what has to be done at that level. Now, in relation to land use - this is still a misnomer - it is driven and led by the Department of Rural Development and Land Reform.
The department tried to come with a Bill called the Land Use Management Bill, LUMB. That Bill was not finalised by the old administration before 2009, and it was shelved. The Department of Rural Development and Land Reform presented it in Cabinet. It was withdrawn because some people were not consulted or engaged on it, so we are still engaging them.
That matter is in the pipeline. I don't know how long the pipe is before the matter reaches you, but it is coming. From our point of view, as the Minister was saying, it is something that we are discussing because the issue of land use patterns is a problem.
For example, traditional leaders take a decision to demarcate land where people should be living and so forth. You find that they clash with municipalities. But not only that; you may go to many places and discover that the land use legislation is not working properly. Let's take the case of the land between Pretoria and the airport - land that was rich for agriculture. This land is being used for housing because it makes a lot of money.
All those things are things that we think must be dealt with and handled. From our point of view, as you heard the Minister in the Presidency - National Planning Commission say, we are working together to ensure that we manage this thing properly. But it's a question that is quite serious and important because it tells us how we should use the land, and for what purpose going forward. Thank you.
Thank you, Deputy Chairperson. Minister, with our understanding of the explanation and the predicament that government is actually put in by the whole question of the legal processes, particularly the to and fro of legislation, may I ask if there is no thinking around a moratorium on land use itself? I'm raising this question, Deputy Chairperson, because the hon Minister will agree with me, particularly in regard to the small rural towns in the Eastern Cape, that, whilst we are busy debating, a lot of wrong is being done. This is whilst we are still waiting for the finalisation of the land use planning. Thank you.
Deputy Chairperson, while we are sympathetic to the hon member in relation to the sentiments expressed and the views espoused, the issue of land use is about economic activity. If we could put a moratorium on it, it would mean that the economy must come to a standstill.
The best thing to do, though - which I think is important and maybe you can follow up on that - is to ensure that the land that is owned by municipalities is not disposed of, so that we are able to use the land for strategic purposes going forward. I can assure you, the way land is being sold at that level creates a lot of problems.
As you were saying, I think that particularly now, when we are going into the election, some people will be looking for a soft landing. Therefore they will be looking at the resources that are available and dealing with those. I think it is a matter that we will consider, ensuring that there is a moratorium on the disposal of land until we are able to engage in regard to these questions. That's what we will consider strongly. Thank you.
Position regarding conversion of Land Use Planning Ordinances into provincial statutes
66. Mr M W Makhubela (Cope) asked the Minister for Co-operative Governance and Traditional Affairs:
Whether all the Land Use Planning Ordinances that were passed before 1994 were converted into provincial statutes; if not, what is the position in this regard; if so, what are the relevant details?