DRAFT legislation on land use management and planning, ordered by the Constitutional Court, has failed to meet the June deadline.

In 2010 key sections of the Development Facilitation Act of 1995 were declared unconstitutional by the Constitutional Court and the government was given two years in which to bring legislation to Parliament to correct the sections found to be invalid.

Critically, the act was to regulate land use management and planning so as to promote development, particularly in rural areas. The court found that at least two chapters of the act were invalid because they assigned exclusive municipal powers to the provincial sphere of government.

The legislation intended to correct the problems identified by the court - the Spatial Planning and Land Use Management Bill - was the subject of presentations to Parliament's rural development and land reform committee on Tuesday.

The Department of Rural Development and Land Reform insisted that the bill rectified the issue identified by the court, and provides a framework for spatial planning and land use management across all three spheres of government.

Land use and spatial planning have been identified by the National Planning Commission as being crucial to the future of the country.

The Legal Resources Centre said the bill in its current form failed to address adequately "the complex reality of the South African rural landscape".

hartleyw@bdfm.co.za