Legal requirements in terms of the Municipal Systems Act 32 of 2000

Section 25(1): Each municipal council must, within a prescribed period after the start of its elected term, adopt a single, inclusive and strategic plan for the development of the municipality (Integrated Development Plan or IDP).

Section 25(2): An IDP adopted by a municipal council in terms of subsection (1) remains in force until an IDP is adopted by the next elected council.

Section 26: An IDP must reflect -

• the municipal council’s vision for the long term development of the municipality with special emphasis on the municipality’s most critical development and internal transformation needs;

• an assessment of the existing level of development in the municipality, which must include an identification of communities which do not have access to basic municipal services;

• the council’s development priorities and objectives for its elected term, including its local economic development aims and its internal transformation needs;

• the council’s development strategies which must be aligned with any national or provincial sectoral plans and planning requirements binding on the municipality in terms of legislation;

• a spatial development framework which must include the provision of basic guidelines for a land use management system for the municipality;

• the council’s operational strategies;

• applicable disaster management plans;

• a financial plan, which must include a budget projection for at least the next three years; and

• key performance indicators and performance targets.

Section 29(b): The process followed by a municipality to draft its IDP, including its consideration and adoption of the draft plan, must -

• be in accordance with a predetermined programme specifying timeframes for the different steps;

• through appropriate mechanisms, processes and procedures established in terms of Chapter 4, allow for -

  • the local community to be consulted on its development needs and priorities;

  • the local community to participate in the drafting of the IDP; and

  • organs of state, including traditional authorities, and other role players to be identified and consulted on the drafting of the IDP:

• provide for the identification of all plans and planning requirements binding on the municipality in terms of national and provincial legislation; and

• be consistent with any other matters that may be prescribed by regulation.

Section 30: The Executive Mayor of a municipality must, in accordance with section 29 -

• manage the drafting of the municipality’s integrated development plan;

• assign responsibilities in this regard to the municipal manager; and

• submit the draft plan to the municipal council for adoption by the council.

Section 35(1): An IDP adopted by the council of a municipality -

• is the principal strategic planning instrument which guides and informs all planning and development, and all decisions with regard to planning, management and development, in the municipality;

• binds the municipality in the exercise of its executive authority, except to the extent of any inconsistency between a municipality’s integrated development plan and national or provincial legislation, in which case such legislation prevails; and

• binds all other persons to the extent that those parts of the integrated development plan that impose duties or affect the rights of those persons have been passed as a by­law.