PLANNING AND LAND USE MANAGEMENT ACT NO. 16 OF 2013 IN ORDER TO PROPOSE AMENDMENTS TO SPLUMA
1. INTRODUCTION
1.1. The Department of Agriculture Land Reform and Rural Development (DALRRD) Branch: Spatial Planning and Land Use Management (SPLUM) seeks to appoint a service provider(s) to assess the Spatial Planning and Land Use Management Act, Act no. 16 of 2013 (SPLUMA); in order to propose amendments to the Act and review of the work done by the National Spatial Planning and Land Use Management Forum Working Group 1 which deals with policy, guidelines and legislation.
1.2. The Department seeks to appoint suitably qualified and experienced service providers, primarily legal experts, who may be contractually engaged for eighteen (18) months to render the required professional services.
2. BACKGROUND AND PROBLEM STATEMENT
2.1. The SPLUMA has been in operation since 1 July 2015 and the SPLUMA
regulations were published on 23 March 2015. It is almost five years since the
SPLUMA came into operation. As per SPLUMA section 24(1) Municipalities were
required to have a single Land Use Scheme (LUS) covering the entire area by 1
July 2020. This is a pressing deadline and it is the responsibility of the Minister
according to Section 9 of SPLUMA to support and monitor municipality; therefore,
the municipalities need to be supported to develop Land Use Schemes and their
related bylaws.
2.2. Since the Act came into operation, the Branch SPLUM has implemented various mitigation and support measures to ensure the smooth and effective implementation of the Acts the remedial actions, some of these include the following:
2.2.1. The Branch SPLUM developed 6 Model Bylaws for 6 Provinces in 2015 for namely Gauteng, Eastern Cape, North West, Limpopo, Mpumalanga and Kwa-Zulu Natal provinces.
2.2.2. The Branch SPLUM established a National SPLUM Forum to support and ensure that municipalities implement the Act and to discuss and find solutions to spatial planning and land use management, legal and other policy matters. This forum continues to discuss these matters.
2.2.3. From the National SPLUM Forum, four Working Groups were established to deal with (1) Policy and Legislation, (2) Spatial Coordination, (3) Geographic Information Systems and (4) Capacity Building. The four working groups were reduced to three working groups and currently, all the working groups have been disbanded. Issues are to be dealt with when they arise.
2.4. Working group 1 was tasked with the responsibility of policy and legislation. The projects undertaken included (but not limited to) Provincial Spatial Planning and Land Use Acts, SPLUMA Amendments; SPLUMA Model Bylaws; Alignment of Authorisations and the Rationalisation of Land Use Laws. The Amendment of SPLUMA came to the forefront when municipalities raised the issue that the Act was not user friendly, slowing down implementation and was not fostering efficient spatial planning and land use management. The work of the Working Group was slowing down legislative work required by provinces to conclude their provincial legislative work. Hence, the call for service providers to assist the Department.
3. OBJECTIVES
3.1. To appoint a Service Provider to assist in the review of SPLUMA in order to
propose amendments as agreed with the Branch Spatial Planning and Land Use
Management.
3.2. To provide an assessment of the Spatial Planning and Land Use Management Act No. 16 of 2013 (SPLUMA) in order to propose amendments to the Act, by reviewing the work done by the National SPLUM Forum’s Working Group 1.
3.3. To recommend on SPLUMA amendments 4. SCOPE OF WORKS
4.1. The project scope includes the following but is not limited to:
4.1.1. Review the SPLUMA and provide amendment recommendations based on issues identified through case law and implementation practices.
4.1.2. Assessment of all SPLUMA related law cases since 2015 and their implication in SPLUMA
4.1.3. Review the work done by Working Group (1) on SPLUMA Amendments and provided recommendations.
4.1.4. Drafting of the proposed recommendations on the SPLUMA amendments and the nature it should take.
4.1.5. Analysis of the impact of the amendments on the SPLUMA on areas of municipal by-laws and existing Provincial Planning legislation where applicable(e.g. Western Cape).
4.1.6. Identification of other legislative matters to be addressed as a result of the amendments to SPLUMA e.g repeal of legislation.
4.1.7. Comprehensive consultation with relevant stakeholders and with provincial representatives on the proposed amendments
5. PROJECT DELIVERABLE
5.1 The appointed service provider will be required to deliver a:
5.1.1 Detailed report on all SPLUMA related court cases , review of the work of Working Group one (1) on possible amendments to SPLUMA and their implications and provide recommendations thereon.
5.1.2 A set of draft amendments
5.1.3 Detailed report on the possible sections to be amended and their implications on the provincial model municipal by-laws, provincial legislations, and SPLUMA regulations
5.1.4 Consultation report covering the outcomes of consultation with provincial representatives and identifies key stakeholders on the proposed/ draft amendments
5.1.5 The final amendments (a legally drafted document) will be handed over to DALRRD to take through the legislative process.
6. SPECIFIC SKILLS SET SOUGHT BY THE DEPARTMENT AND LINKED TO THE DEFINED BROAD CATEGORIES ABOVE INCLUDES THE FOLLOWING:
BROAD CATEGORY SKILLS SET
A. Planning Policies, Standards and Legislation (Policies, Norms, Standards, Regulations, etc.)
Town Planners, Legal Experts in Spatial Planning &
Land Use Management,
7. GENERAL CAPABILITIES OF PROSPECTIVE BIDDERS
7.1 The Skills set and abilities required in the teams to execute a specific project will include the following:
7.1.1 Town and Regional / Development Planning Policy and Law;
7.1.2 Planning law qualification and experience;
7.1.3 Legal drafting;
7.2. It is therefore required that the appointed service provider(s) must ensure that
people with relevant skills are part of the project team to be utilised during eighteen
(18) month period (Names, qualifications and experience of those people must be attached).
Table 1: PROJECT PHASES (Financial years 2020-2021 and 2021-2022)
Year 1 and year 2 Phases Deliverable Duration in Months
% Phase 1: Inception Inception & Scoping Report 0.5 months 5 Phase 2: Report on SPLUMA
court cases and Working Group One’s report on possible SPLUMA amendments.
1. Analysis of SPLUMA court cases and their implications 2. Analysis of the proposed
amendments, provide
recommendations and additional proposals.
4 months 25
Phase 3: Draft SPLUMA Amendments
Draft SPLUMA amendments based on the analyses undertaken
4 months 20 Phase 4: Report on implications on
SPLUMA municipal bylaws, provincial legislation and SPLUMA regulations.
Report on the implications on the sections of the model SPLUMA municipal bylaws, provincial legislation and SPLUMA regulations
3.5 months
15
Phase 5. Consultations Consultation Report: provincial representatives and identified stakeholders
4 months 15
Phase 6. Final Report Final proposed amendments based on consultation outcomes
2 months 10
Retention 10%
18 Months
8. PROJECT TIME FRAME AND COST
8.1. It is expected that the project is completed over a period of eighteen (18) months.
The target dates for each milestone (as well as the associated deliverable) and the
amount of financial compensation for the work done is detailed in Table 1s above.
8.2. Due to the urgency of the project, timeframes must be strictly adhered to. Financial penalties will be imposed for any delay or non-compliance with time and quality requirements.
8.3.
An amount for the final draft is payable upon ratification by the Department.
8.4.
10% retention will be paid once final project documentation has been approved by all stakeholders.
8.5.
Monthly reports (per phase) will be forwarded by the service provider to the designated project manager. The service provider will be required to report via a written and electronic report.
9. CONTENTS OF THE PROJECT PROPOSAL
9.1. A clear and concise project proposal covering the aspect listed below is required;
a) An executive summary.
b) A project plan.
c) The proposed methodology should indicate a detailed list of data to be gathered and how it will be processed. The methodology should also indicate the project milestones that will be used to measure the project progress.
d) The approach should be cost-saving yet achieve the highest value for money
e) The names and CV’s containing detailed information on relevant experiences of all the persons who will be directly contributing to the project, and their roles thereof.
f) Evidential and documentary proof of professional qualification,
registration and affiliation. For instance, if a team member claims to be
a registered Town Planner, a copy of the registration with the South African Council for Planners (SACPLAN) is required.
g) Any shortcomings in the study specifications, how these ought to be addressed and the cost implications thereof.
h) All-inclusive costing model.
i) Bidders are encouraged to register with the central supply database.
j) The following technical information must be submitted with the Bid proposal:
i. Years of experience of each resource;
ii. Relevant professional experience during the last five years;
iii. Organisational, managerial and technical ability;
iv. Key Personnel and Resources;
v. Technical backup;
vi. Full CV’s of all members of the Team
vii. Relevant Equipment and Software competence and capability;
viii. Client References; and
ix. Associations and Professional Affiliations.
10. PROJECT MANAGEMENT WITHIN DALRRD
10.1. This project will be managed by a team consisting of officials from the Department of Agriculture Land Reform and Rural Development
10.2. The service provider and all team members that will be directly involved in the project will be expected to attend all progress report meetings as scheduled and agreed upon by both parties.
10.3. The selected team members shall stay the same for the duration of the project and
cannot be changed without prior discussions with and approval from the DALRRD.
10.4. Staffing requirements identified on the onset of the project shall remain unchanged for the duration of the project unless prior written consent has been granted by the DALRRD.
10.5. All team members that will be directly involved in the project may, at the sole discretion of the Chief Director: Planning Facilitation, be expected to attend all progress report meetings as scheduled. Due to the urgency of the project, time is of the essence to this process and all work shall be submitted when due. Financial penalties will be imposed for any delay or non-compliance with time and quality requirements.
11. MANDATORY REQUIREMENTS
11.
1. Failure to submit the following requirements with the quote will disqualify the bidder’s proposal:
11.1.1.Compliance with all Tax Clearance requirements: Attach Valid Tax Clearance Certificate/ Compliance Tax Status Pin, Central Supplier Database Number, where consortium/joint ventures/ sub-contractor are involved, each party to the association must submit separate Tax Clearance requirements.
11.1.2.A company resolution letter authorizing a particular person to sign the bid documents.
11.1.3 .The team leader must be legal practitioner registered with the South African Law
Society and admitted to the National Bar Council of South Africa or Pan African
Bar Association of South Africa or General Council of the Bar of South Africa (a
copy of a valid certificate indicating member in good standing must be
attached).
11.2
Tenderer must sub-contract:11.2.1 An EME or QSE which is at least 51% owned by black people (attach a valid copy of sub- contractor B-BBEE Certificate or an affidavit as prescribed by the B-BBEE Codes of Good Practice). Sub-contracting will be as per the following estimated total bid values and percentages:
Bid value including VAT Subcontracting percentage
From 3 Million 5%
From 9 Million 10%
From 15 Million 15%
From 25 Million 20%
From 30 Million 30%
11.3. Bidders must deliver the Bid in two separate, sealed envelopes in the form of Technical Part and the Financial Part. Failure to comply will disqualify the bid submitted by the bidder):
• A Two Envelope System, requiring submission of both Technical and Financial Proposals at the same time, but in separate envelopes will apply.
• The objective of this system is to ensure a fair evaluation of the proposals, meaning that the technical proposal would be evaluated purely on its technical merits and its ability to meet the requirements set forth in the bid invitation without being unduly influenced by the financial proposal.
• During the tender evaluation, the technical proposal would be opened and evaluated first followed by the financial proposals of only bidders who scored and meet the minimum required score for functionality.