DA QUESTIONS LEGALITY OF RAMOTSHERE MOILOA’S LAND USE PLANNING FRAMEWORK
KASIBC_AUDIO
ZEERUST , NORTH WEST – The Democratic Alliance (DA) has formally written to the Mayor and Municipal Manager of the Ramotshere Moiloa Local Municipality (RMLM), raising critical concerns over the municipality’s compliance with national planning legislation and by-law procedures.
The move follows a municipal invitation issued to local property owners and landlords to attend a stakeholder engagement on July 9, 2026. While the DA noted it supports efforts to engage local businesses, it warned that proceeding without a lawful planning framework exposes the municipality to severe legal risks and undermines investor confidence.
SPLUMA Violations and Legislative Failures
At the center of the dispute is the municipality's alleged failure to comply with Section 20 of the Spatial Planning and Land Use Management Act (SPLUMA).
Under SPLUMA, municipalities are legally mandated to review and update their Spatial Development Framework (SDF) at least once every five years. The DA cautions that Ramotshere Moiloa is operating on an outdated framework, which weakens planning certainty and threatens the validity of any new land-use decisions.
This legislative oversight is compounded by historical administrative weaknesses: the Auditor-General’s 2023/24 audit report previously flagged significant shortcomings regarding the municipality's official planning documentation and record-keeping.
Unpromulgated By-Laws Under Scrutiny
The DA has also demanded immediate verification of the municipal by-laws referenced during the July 9 stakeholder engagement. Specifically, the party is questioning the legal status of:
The Spatial Planning and Land Use Management By-law (2017)
The Accommodation Establishments By-law (2015)
The municipality has been asked to produce official proof that these regulations were properly promulgated in the Provincial Gazette. Without formal gazetting, municipal by-laws are not legally enforceable, meaning any attempts to penalize local businesses or enforce licensing under them could be unlawful.
"Property owners and businesses must have confidence that municipal planning and land use processes are conducted in accordance with the law," the DA stated. "The government must lead by example by complying with the same legal requirements they expect residents and businesses to follow."
Demands for Immediate Rectification
To restore procedural fairness and transparency, the DA has requested that the Ramotshere Moiloa Local Municipality immediately:
Prove Gazetting: Provide definitive Provincial Gazette references for all active municipal by-laws.
Ensure Public Access: Publish all approved by-laws on the official municipal website so they are easily accessible to property owners.
Halt Pending Engagements: Postpone further licensing and rezoning stakeholder engagements until these foundational compliance issues are resolved.
Enforce SPLUMA Alignment: Ensure all current rezoning, land use, and business licensing applications strictly align with SPLUMA and the Municipal Systems Act.
The DA has committed to monitoring the municipality’s response, reiterating that a transparent, legally sound framework is non-negotiable for securing property rights and encouraging local economic growth.
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