Governance and institutional framework for ensuring just access to housing for all 2010; Msangi, 2011; Nuhu, 2018). The Tanzanian Draft National Housing Policy(2018) points out that the country lacks a legal framework devoted to the development, management, coordination, and implementation of housing initiatives and programs by these diverse actors, to the detriment of housing rights protections. This is a warning message that signifies impediments towards dignity, as well as diversity and equity, for housing access in Tanzania. Since 2018, the NHP has remained in draft form, awaiting government approval. Even though there are efforts towards having an NHP in place, this excessive delay in approving the draft suggests little commitment to support housing in the country. Despite these facts, the country possesses a number of laws that govern the housing sector; most times housing related issues have been lumped together with land issues(Kironde, 2021). The next section discusses the main laws and regulations that govern the housing sector, along with their legal impacts. After that, the following section discusses administrative actors and trends in the enforcement and implementation of the legal framework. Considerable attention is paid to the various actors’ involvement in housing provision. The final section concludes the paper with an assessment of the housing system’s contribution to making just Tanzanian cities. 2. Laws and regulations relevant to the governance of the housing sector At the national level, there are several laws that have an impact on the housing sector. Article 24(1) of the Constitution(amended 1977) states that every citizen has the right to own ‘property’ and the right to have that ‘property’ protected in line with the law. Furthermore, Article 24(2) states that it is illegal to deprive someone of their‘property’ for any reason without the authorization of a law that provides for just and reasonable compensation. The right to own property may enhance access to housing, but it is not equivalent to the right to housing. This is because‘property’ covers a wide range of legal titles that are not necessarily housing. In addition, relying on the right to own property as a justification of the right to housing is an understatement, because housing is not just a property but a basic necessity. Other laws that have an impact on the housing sector in Tanzania, apart from the constitution, include the Urban Planning(Space Standards) Regulations of 2018; the Local Government(Urban Authorities)(Development Control) Regulations of 2008; the Mortgage Financing(Special Provisions) Act No.17 of 2008; the Unit Titles Act No. 16 of 2008; and the National Human Settlements Development Policy of 2000. 3
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Building the just city in Tanzania : essays on urban housing
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