This comes in the wake of the judgment handed down by the Supreme Court of Appeal on 22 September 2009 in the dispute between the City of Johannesburg Metropolitan Municipality and the Gauteng Development Tribunal and a number of private sector role players in the development industry.

SAPOA, which represents by far the majority of urban land developers in South Africa and specifically through its membership, has a vital interest in the outcome of the Constitutional Court case.

Tsakane Shilubane, Manager: Legal Services, SAPOA says, “SAPOA’s admission as an amicus curiae (someone who assists the court)  to the Constitutional Court was supported by the South African Council for Consulting Professional Planners (SAACPP), which has also been admitted.”

SAPOA applied for admission as it believes that it can provide important insight into the practical aspects of town planning laws coupled with the philosophical aspects, to ensure that the court’s conclusions are based on sound knowledge.

Richard Bennet, Chairman of SAPOA Developer’s forum explains that the opportunity to present the theory and philosophy  behind  the  subjects  of  planning,  spatial  planning,  municipal  planning, urban and rural development -  will help highlight that certain conclusions reached in the Supreme Court of Appeal judgment insofar as land use planning and municipal planning is concerned, are incorrect.

The case is set to come before the Constitutional Court on 24th and 25th February 2010.