Zambia Law Development Commission

THE REVIEW OF THE NATIONAL HOUSING AUTHORITY ACT, CHAPTER 195 OF THE LAWS OF ZAMBIA

FILE PICTURE: Times of Zambia

By Mwila Chikwanda

The National Housing Authority Act is an Act that provides for the development and control of housing throughout the Republic. It also provides for the establishment of a body corporate entitled the National Housing Authority and its membership and specifies the powers and duties of the Authority.

The general functions of the Authority are provided for under section 19 of the National Housing Authority which mandates the Authority to keep under continuous review housing conditions in the Republic and the needs of the Republic with respect to the provision of further housing accommodation and to secure and promote the provision of, such housing accommodation for the Republic and to take all such steps as it may appear to the Authority requisite or expedient in those respects.

The Authority is further mandated to manage the housing schemes in the Republic as stipulated below; • examine and approve, disapprove or vary any schemes proposed to be carried out by any local authority or person;

  • prepare any scheme at the request and on behalf of, any local authority or person;
  • enter into a contract, at the request of, and on behalf of, a local authority or person to implement a scheme on its or his behalf and at its or his expense, as the case may be;
  • initiate a scheme; and
  • execute a scheme.

The Authority has identified gaps in the current Act which has necessitated the need to review the said Act. The objectives of the review of the National Housing Authority Act are :

  • to make provision for planning, managing, coordinating housing development and regulating housing schemes;
  • to ensure conformity of the Act with rules of corporate governance;
  • to review the composition, appointment and removal of members, and functions of the Board; and
  • to make provision for the protection of the assets of the Authority from seizure

 

In order to actualise National Housing Authority’s mandate of planning, managing, coordinating and regulating housing development in the country, the power granted in the National Housing Authority Act, requires an outline of detailed measures that must be taken by the Authority to bring the provision in the Act into fruition. There is need to amend the Act to include the power for National Housing Authority to plan manage and coordinate housing development countrywide.

Therefore, the successful implementation of the mandate of the Authority calls for a robust and dynamic legislative and administrative framework. A multifaceted response is required to ensure a relevant and useful legislative and administrative framework.

Further, adherence to acceptable international best practices is a must. This requires the domestication of the pertinent international treaties relating to housing development.

 

 

 

 

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