Article re-cap
- The City of Cape Town municipal council passed an amendment to its planning by-law that removes the ten year term limits for members of the Municipal Planning Tribunal.
- Under the new amendment, the council can reappoint members of the Municipal Planning Tribunal indefinitely provided there is a one month gap between terms.
- The Municipal Planning Tribunal holds significant power over developments in areas such as Blouberg, including rulings on subdivisions and rezonings.
- An internal email indicated that most of the 23 members of the tribunal have already served for more than ten years.
The City of Cape Town municipal council passed an amendment to its planning by-law that removed national ten year term limits for members of the Municipal Planning Tribunal.
The amendment, which included section 116, deleted references to the ten year limit established under the Spatial Planning and Land Use Management Act. This change allows the council to reappoint members indefinitely as long as there is a one month gap between terms.
According to an investigation by Daily Maverick, the chair of the Municipal Planning Tribunal, David Daniels, reached the previous legal term limit on 30 June 2025. Following the by-law change, Daniels was reinstated for a third term after Pierre Smit was briefly named incoming chair.
An internal email from the tribunal administrator in March this year indicated that most of the 23 members have already served more than ten years. The city described the national law regarding term limits as an overreach into municipal authority, but did not disclose who made that decision.
The tribunal holds significant power over developments in areas including Blouberg, as it rules on rezonings, subdivisions, and the removal of restrictive title deed conditions. Decisions by this body can more than quadruple the value of land for developers.
The investigation noted that the tribunal previously approved the rezoning of the River Club site in Observatory for Amazon's African headquarters despite 180 formal objections and unconsidered concerns from heritage and environmental departments.
Frequently asked questions
What power does the Municipal Planning Tribunal have over development in Blouberg?
The tribunal rules on rezonings, subdivisions, and removal of restrictive title deed conditions. Its decisions can more than quadruple the value of land for developers, giving it significant influence over what can be built in Blouberg and surrounding areas.
Why did Cape Town remove the ten-year term limit for tribunal members?
The city described the national ten-year term limit established under the Spatial Planning and Land Use Management Act as an overreach into municipal authority. The amendment allows the council to reappoint members indefinitely as long as there is a one month gap between terms.
How long have most Municipal Planning Tribunal members actually served?
According to an internal email from the tribunal administrator in March, most of the 23 members have already served more than ten years, exceeding the previous legal limit that was removed by the recent by-law amendment.
What triggered the investigation into the tribunal's term limits?
The chair of the Municipal Planning Tribunal, David Daniels, reached the previous legal term limit on 30 June 2025. Following the by-law change, Daniels was reinstated for a third term after Pierre Smit was briefly named incoming chair.
Source: dailymaverick.co.za
