Do municipalities in South Africa reflect capacity and understanding to give effect to planning requirements to the National Land Transport Act NO.5 2009?

Abstract

Section 156(1) of the Constitution of the Republic of South Africa provides that a municipality has executive authority in respect of, and has the right to administer: (a) The local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and (b) Any other matter assigned to it by national or provincial legislation. The National Land Transport Act No. 5 of 2009 (NLTA) provides for amongst others, planning powers and functions for the municipalities. The performance of municipalities regarding their transport planning function has been marred with various challenges. This study reflects on whether the municipalities, based on a sample, have the capacity and understanding to give effect to the planning requirements of the NLTA read with Minimum Requirements for the Preparation of ITPs, 2016. It also reflects on state of transport planning in South Africa through the absence of integrated transport plans in many municipalities. It also establishes the inadequacy of integrated transport planning in many instances where the ITPs exist but do not comply with the legislation requirements of the NLTA as well as the Systems Act. The study further identifies material deficiencies in the process and content of ITP development and lack of its inclusion in the IDP contrary to statutory requirements of both transport and local government legislation.