n Without Prejudice - A recipe for chaos - the abuse of the DFA exposed : municipal property law

Volume 9, Issue 10
  • ISSN : 1681-178X



The Development Facilitation Act (DFA) has been on the statute book for 14 years, and has on several occasions been the subject of judicial scrutiny. Until the Supreme Court of Appeal recently took out its magnifying glass and delivered a unanimous judgement condemning its use for ordinary commercial types of development planning approval, however, this scrutiny appears to have ignored the constitutional imperatives underlying the separation of executive and administrative powers enshrined in the Constitution, and indeed the purpose of the Act itself. To that extent, previous judgements appear to have been myopic.

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