Cape Town Mayor Geordin Hill-Lewis says the city has declared a formal intergovernmental dispute owing to what it calls the “unconstitutional and unlawful” District Development Model regulations, which came into effect in May this year under the Intergovernmental Relations Framework (IGFR) Act.

In a letter to the Minister of Cooperative Governance and Traditional Affairs (Cogta) Velenkosini Hlabisa, Hill-Lewis writes that the regulations unlawfully infringe on local government’s constitutional role of municipal planning, amounting to a red-tape burden without adding value to local government outcomes.

According to the city’s interpretation, the new regulations mandate each municipality to draw up a “One Plan”, together with other spheres of government, for ultimate approval by the Cogta Minister and adoption by Cabinet.

“The regulations further introduce an unlawful veto power for Cogta over the contents of the One Plan, which infringes on local government’s constitutional autonomy and responsibility to regulate municipal planning under Section 155 (6)(a) and (7) of the Constitution.”

The city further argues that this One Plan is a duplication of the Integrated Development Plan (IDP) process, which is the legally mandated tool for each municipality to guide economic, social and environmental priorities.

“The law already requires every municipality to adopt a five-year strategic plan – known as an IDP – which includes consultation with all spheres of government, residents, and stakeholders,” says Hill-Lewis.

“The One Plan is a wasteful duplication of this, and may even conflict with a lawfully adopted municipal IDP.

“Besides being unconstitutional and unlawful, the regulations add major red tape and bureaucracy that will divert municipal resources from delivering essential services.

“We have extensively engaged national government, including when the regulations were still in draft, and so we are now left with no option but to declare this dispute under the IGFR Act,” adds Hill-Lewis.

“We hope for an amicable and speedy resolution – either withdrawing or amending the regulations – so that further litigation is not necessary.”

Under the IGFR Act, a meeting must now be convened between the city and national government to set out a process of dispute resolution and designate a facilitator.