Introduction
The revival of local government elections, was recently proposed to the Chairman of the Election Commission in an official letter sent by the Chief Minister/Menteri Besar of Pakatan Rakyat states on the eve of the 2nd anniversary of March 8 political tsunami. It was their hope that both Selangor and Penang could restore the local governance which met an early demise 35 years ago.
It also worth to take note that implementing local government elections was a part of the manifesto that both PKR and DAP have outlined during their campaign prior to the March 2008 elections. And much pressure have been exerted by various groups to honour that promise since then.
The immediate reply from Prime Minister Dato Seri Najib Tun Razak was that local government elections need not be restored. The rejected the idea by quoting that the revival of local elections would result in more politicking and hence would be an obstacle towards improving public service for the rakyat. He also claims that restoration of such elections could not guarantee the quality of municipal services.
The EC Chairman, Tan Sri Abdul Aziz Mohd Yusof, whose initially reply was that such a request needs detail study, has revealed on 20th March 2010 that the proposal to start local governance in Selangor and Penang will be decided on Tuesday, 23rd March 2010.
No matter what the verdict would eventually be this coming Tuesday, it is vital that the average Malaysian should learn about the history, functions and benefits of local government elections so that he or she would be well equipped to decide for themselves on the rationale of implementing it in the first place.
Firstly, an attempt will be made to simplify and define laws surrounding this issue so that anyone could have a better understanding in what government policies on local government elections are.
Part 1 : Summary Of Events And Laws Leading Up To The Demise Of Local Council Elections
It would be easier if much emphasis is given to the laws, ordinances and enactments that are related to local governance to highlight the rise and the eventual demise of local government elections. Here is a brief time line and important laws encompassing this issue.
1. Local Authorities Election Ordinance 1950
Enforced by the British, entrusted local councils will organise elections for the office of councillors
2. Local Councils Ordinance 1952
Also enforced by the British, empowers local residents to establish local councils in their area wherever necessary
3. Emergency ( Suspension Of Local Government Elections ) Regulation 1965 And Emergency ( Suspension Of Local Government Elections ) Amendments Regulations 1965
These two enactments led to the suspension of local government elections. The reasons for suspension at that time were the following
- Internal administrative and political problems facing local councils
- Violent confrontation against the newly formed Malaysia by Indonesia 1964
4. Royal Commission Of Inquiry On Local Authorities 1965 / Nahappan Report
Headed by Senator Athi Nahappan, was formed to carry out a larger study of the operation of local authorities.
5. Transfer Of Functions Order 1966
The functions of the City Council were transferred to the Chieft Minister to enable a Commision Of Inquiry to inquire on the acts of maladministration and malpractices and breaches of law commited by the City Council of Georgetown
6. Cabinet Committee 1971
Recommended by Minister For Housing And Local Government, Ong Kee Hui, to study the Nahappan Commission’s recommendations
7. Local Government Act ( Temporary Revision ) 1973
Headed by Minister For Housing And Local Government, Ong Kee Hui, who large agreed with the Nahappan Report but proposed restructuring in all basic laws that regulated powers, duties and responsibilities of local authorities
8. The Street, Drainage And Building Act 133 ( 1974 )
Was enacted to serve the purpose of Local Government Act 1973
9. The Local Government Act 171 ( 1975 )
Was enacted to serve the purpose of Local Government Act 1973
10. The Town And Country Act 172 ( 1976 )
Was enacted to serve the purpose of Local Government Act 1973, which consists of
- Section 18 of TCPA : Prohibits any land use inconsistent with local plans
- Section 19 of TCPA : Prohibits development that is inconsistent with the Local Plan ( map and written statement on proposal for use and development of land in an area )
11. Local Government Act 1976 ( pay emphasis on this one )
The salient points include
- Establishment of 12 municipalities and 90 district councils within 3 years
- All members of these councils are appointed by the State, not elected by the people
- Marked the demise of local government elections
- This is the system that we have today
……Coming Soon – Part 2 : History In A Nutshell…..
This surprised me and was very interesting, it expalined why after the local elections the same useless people are still running things at a local level.
I’ve complained all the way up to the Yang Di Pertua that a particular Majlis Daerah are not doing there job, turning a blind eye to building violations and numerous other inactivity. The lack of action seems fueled by developers interests and one cannot help but wonder if corruption is involved with such obvious and clear cut bye laws being ignored.
My question is under this system if the Majlis Daerah are not doing their job who do you complain to?
This surprised me and was very interesting, it expalined why after the local elections the same useless people are still running things at a local level.
I’ve complained all the way up to the Yang Di Pertua that a particular Majlis Daerah are not doing there job, turning a blind eye to building violations and numerous other inactivity. The lack of action seems fueled by developers interests and one cannot help but wonder if corruption is involved with such obvious and clear cut bye laws being ignored.
My question is under this system if the Majlis Daerah are not doing their job who do you complain to?