(1)(a) Section 14 of the Constitution states that the National and Provincial Departments of Human Settlements have a concurrent function of housing, necessitating strong collaboration between the three sectors in the planning and execution of human settlement development.
Hence, the Department collaborates with the Provinces, Municipalities, and pertinent sector Departments in the planning and development of Smart Cities.
(b) In accordance with the Division of Revenue Act (DORA), the Minister annually allocates funds to Provinces and Metropolitan Municipalities for the execution of National Housing Programs. The grants are allocated to the Provinces and transferred in line with the approved , who are mandated by DORA to submit grant business plans. The Provinces together with the affected municipalities will identify the human settlements projects in Smart Cities that require funding. These projects must be in line with the relevant policy and programme prescripts in the Human Settlements Code, 2009. This is the setting in which investments in smart cities are directed.
(2)(a) The Department monitors the grants it makes to the Province and the Metros in terms of performance. According to the terms of the Division of Revenue Act (DoRA), Public Finance Management Act (PFMA), and Municipal Finance Management Act (MFMA), performance analyses are conducted on a monthly and quarterly basis and submitted to the National Treasury in accordance with the applicable guidelines. The National Department conducts several performance accountability sessions, such as quarterly performance reviews and MinMec meetings, and regularly communicates the performance challenges identified as impacting the Province and the Metros.
There are also structured visits undertaken by the National Department to verify reported performance and in certain circumstances,the verification visits are undertaken as and when the need arises. Letters of non-compliance are routinely addressed to the Province or Municipality that contravened the guidelines, and the Department does step in when either one of them contravenes the provisions of the Division of Revenue Act.
(b) By declaring the Lanseria Smart City area as a region in terms of the Spatial Planning and Land Use Management Act (SPLUMA), 2013 (Act No. 16 of 2013), all three spheres of government are required to develop a Regional Spatial Development Framework (RSDF). This means that, in accordance with Section 19(d) of the Act, all three spheres of government must work together to create a Regional Spatial Development Framework (RSDF) that outlines the intended land use patterns in the area. The City of Tshwane must guarantee spatial integration, especially rural-urban integration, to accomplish this.
(c) The Mogale City is an Intermediate City and is earmarked for housing accreditation. The Provincial Department of Human Settlements will thus ensure the capacitation of the municipality as part of the process of accrediting the Mogale City.
(3) Section 18 of the SPLUMA defines a region as “A circumscribed geographical area characterized by distinctive economic, social, or natural features which may or may not correspond to the administrative boundary of a province or provinces or a municipality or municipalities”. To address the issue of divided jurisdictions and to implement national land use policies or priorities in any geographic area, the Department will collaborate with the Gauteng Province and municipalities to pursue the declaration of the Lanseria Smart Development as a region and the timetable and budget will be determined