The post-1994 South African spatial planning system and Bill of Rights : a meaningful and mutually beneficial fit?

摘要

With a new planning system taking shape, and a new Bill of Rights embodied in a transformativeConstitution having been introduced in South Africa in 1994, this article grapples with the dualquestions as to whether the new spatial planning system fits within the spirit of the Bill of Rights,and the Bill of Rights assists the new spatial planning system in the realisation of its objectives.As a prequel to the engagement with these questions, a brief overview of the events leading toinstitution of the Bill of Rights and its contents is provided. This is followed by a brief historicaloverview of the creation of the South African spatial planning system and a summary of itskey features. These features can be reduced to the following basic components: (1) meaningfulparticipation in all aspects of spatial planning; (2) an open, inclusive and just decision-makingprocess where information is readily available; (3) recognition of religion and culture and equaltreatment in application and decision-making; (4) an awareness of environmental issues; and (5)the significance of property and housing. The way in which these components are addressed inthe Bill of Rights and other parts of the Constitution provides the starting point to determinethe extent to which there is a meaningful and mutually beneficial fit between the planning systemand the Bill of Rights.