LEGAL FRAMEWORK ON BY LAW MAKING PROCESS IN TANZANIA
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Abstract
The people in their localities in many places are not properly involved in the entire process of enacting the By-laws.
The effects of not involving the people in the enactment of the By-laws have made the people not aware of the rules and regulations contained in the By-laws made out of their involvement, as the result many people have found themselves in wrong feet and hence the conflict of interests and misunderstandings begin between the Local Authorities and the people arises.
In that effect there is a need of the Local Government Authorities in Tanzania to consider the material environment of local people concerned by publishing the enacted By-laws so as to make them aware of the said By-laws and to avoid the conflicts between them.
Therefore if people are properly involved in the whole process of enacting the By-laws in their localities in Tanzania, the awareness of the people about the passing and the enforcement of the By-laws in their localities in Tanzania will increase.
The Local Government (Urban Authorities) Act No. 8 of 1982 makes a mandatory requirement for the Local Government Authorities in Tanzania to involve people in enacting By-laws. Also the Local Government Authorities are not bound to publish the enacted By-laws since By-laws are published in the Gazette by the Minister. Thus every person is required to find them.
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