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Final Adopted IDP - KZN Development Planning

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LEGAL, STRATEGY AND POLICY FRAMEWORK<br />

LEGISLATION, STRATEGIES AND POLICIES<br />

There are a number of pieces of legislation and other guidelines that impact on the<br />

structure, planning and direction of the Ulundi Municipality. These have all been set out<br />

in this section of the Situational Analysis to provide a framework within which the<br />

Municipality has considered the priorities and imperatives that inform the 2012 / 2013<br />

Review of its third generation <strong>IDP</strong>.<br />

The Constitution of the Republic of South Africa, Act 108 of 1996, as amended<br />

Chapter Seven of the Constitution of the Republic of South Africa, Act 108 of 1996, as<br />

amended, is devoted to local government matters. The transformation of local<br />

government to reflect developmental and service delivery priorities, as envisaged by the<br />

Constitution, marked a radical departure from the way local government was structured<br />

and operated prior to the implementation of the Constitution. Section 152(1) of the<br />

Constitution sets out the objectives of local government:<br />

(a) to provide democratic and accountable government for local communities;<br />

(b) to ensure the provision of services to communities in a sustainable manner;<br />

(c) to promote social and economic development;<br />

(d) to promote a safe and healthy environment; and<br />

(e) to encourage the involvement of communities and community organisations in the<br />

matters of local government.<br />

The Municipal Systems Act, Act 32 of 2000, as amended<br />

The commencement of the preamble to the Municipal Systems Act, Act 32 of 2000, as<br />

amended, indicates the purpose of the legislation as “to provide for the core principles,<br />

mechanisms and processes that are necessary to enable municipalities to move<br />

progressively towards the social and economic upliftment of local communities, and<br />

ensure universal access to essential services that are affordable to all”.<br />

Chapter Five of the Municipal Systems Act, as amended, introduces the concept of<br />

integrated development planning. In terms of Section 35(1) of the Act, an integrated<br />

development plan adopted by the council of a municipality -<br />

(a) is the principal strategic planning instrument which guides and informs all planning<br />

and development, and all decisions with regard to planning, management and<br />

development, in the municipality;<br />

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