Municipal planning law for climate change mitigation in South African cities

LLM (Formal Law), North-West University, Potchefstroom Campus City inhabitants worldwide are vulnerable to the severe effects of climate change, such as floods and droughts. South African cities are no exception with the residents of cities such as the City of Tshwane and the City of Cape Town having experienced and continuing to be vulnerable to climate-related impacts such as prolonged floods and droughts. On the one hand, cities are perpetrators of climate change since globally they are accountable for approximately 77% of GHG emissions, which result from transportation, the built environment, and energy-use. However, cities do have the unique ability to assist countries (states) in mitigating climate change in as far as they regulate and oversee several sectors emitting GHG emissions. Cities, especially South African cities, also possess governance instruments and governing authority that they can employ to mitigate climate change, such as municipal planning powers and tools. In the South African context, municipal planning is a function assigned to municipalities. Municipal planning includes spatial planning within the boundaries of municipalities. Also, in terms of section 155 of the Constitution, municipalities are empowered to manage their administrative and executive affairs. Consequently, in consideration of municipal spatial planning and the power to manage their affairs, municipalities have control and governing authority over land development, local parks and greenways as well as other activities and processes related to climate mitigation. It is argued in this study that through the use of the spatial planning legal instruments at the disposal of local government, it is possible for municipalities to constructively contribute to climate mitigation efforts in cities. More specifically, this study explores if and how South African municipal planning law could assist municipalities in meeting their climate change mitigation targets. This is done with a specific focus on the metropolitan municipalities of Cape Town and Tshwane. Masters