ADS 505ADS 505Local Government

Local Government: Chapter 7Local Government: Chapter 7Representative System In Local Government

Representative System in Local Representative System in Local GovernmentGovernmentMalaysia

◦ Local government is the lowest level in the system of government in Malaysia—after federal and state. It has the power to collect taxes (in the form of assessment tax), to create laws and rules (in the form of by-laws) and to grant licenses and permits for any trade in its area of jurisdiction, in addition to providing basic amenities, collecting and managing waste and garbage as well as planning and developing the area under its jurisdiction.

Representative System in Local Representative System in Local GovernmentGovernmentMalaysia

◦ The enforcement of Local Government Act 1976 established in essence only two types of local council - one for municipality and one for rural area. Apart of that mentioned by the Act 171, there are many other agencies established and charged with the role of a local council. These so-called modified local authorities were established under newly created, separate and special Act of Parliament or state enactments or ordinances.

Representative System in Local Representative System in Local GovernmentGovernmentMalaysia

◦Currently there are a total of 151 local authorities in Malaysia and their breakdown is as follows: 1 City Hall - City Hall of Kuala Lumpur 11 City Councils 36 Municipal Councils 96 District Councils 7 modified local authorities.

Representative System in Local Representative System in Local GovernmentGovernmentFrance

◦According to its constitution, France has 3 levels of local government: 22 Régions and 4 Régions d'outre-mer

(Réunion, Martinique, Guadeloupe and French Guiana).

96 départements and 4 départements d'outre-mer (Réunion, Guadeloupe, Martinique and French Guiana).

There are 36,679 municipalities (in French: Communes).

Representative System in Local Representative System in Local GovernmentGovernmentEngland

◦England is subdivided on different levels: The top level of local government within

England is the nine regions. Each region has a government office and assorted other institutions. Only the London region has a directly elected administration. Only one other regional referendum has been held to date to seek consent for the introduction direct elections elsewhere—in the northeast of England—and this was soundly rejected by the electorate.

Representative System in Local Representative System in Local GovernmentGovernmentEngland

◦ England is subdivided on different levels: The layers of government below the regions

are mixed. Historic counties still exist with adapted

boundaries, although in the 1990s some of the districts within the counties became separate unitary authorities and a few counties have been disbanded completely. There are also metropolitan districts in some areas which are similar to unitary authorities. In Greater London there are 32 London boroughs which are a similar concept.

Representative System in Local Representative System in Local GovernmentGovernmentEngland

◦ England is subdivided on different levels:

Counties are further divided into districts (also known as boroughs in some areas).

Districts are added into wards for electoral purposes.

Districts may also contain parishes and town council areas with a small administration of their own.

Other area classifications are also in use, such as health service and Lord-Lieutenant areas.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe British in 1801 established a

Council of Assessors in Penang, charged with the role of planning and developing the municipality area, and was the basis of local government in the then Malaya (present-day Peninsula Malaysia). After Penang, local councils were established beginning with Malacca, followed by the Federated and the Unfederated Malay States, finally extending to Sarawak and North Borneo.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsLaws were promulgated to

govern the establishment of local authorities and the organization of local council elections. One of the important laws was the Local Government Election Ordinance 1950 that entrusted local councils to organize elections for the office of councilors—people that govern local areas.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsAnother law was the Local Government

Ordinance 1952 which empowered local residents to establish local councils in their area wherever necessary. Prior to Malaya's independence from the British in 1957, there were a total of 289 units of local council in Malaya. The constitution of the new country after independence from Britain gave the power to control local governments to the states.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsBetween the 1950s and 1960s,

Malaysia had 373 local authorities that had well over 3,000 elected representatives out of a total of some 4,223 local councilors. This number excluded those of the Kuala Lumpur municipality, which came under a separate jurisdiction because it was the federal capital.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe three most prominent

municipalities were George Town, Ipoh and Malacca. Elsewhere, there were 37 town councils, 37 town boards, 289 local councils and 7 district councils. Penang and Malacca were the two states which had local councils state-wide and only Penang had fully elective councils throughout its territory on both the island and the mainland.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsGeorge Town had a particularly

eminent history in terms of democracy at the local level. The first elections in Malaya were held there in 1951 to elect nine councilors. George Town was a "city council" (the only one) by virtue of the fact that it was granted city status by the British in January 1957.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsWith the passage of the Local

Government Act, 1960, a new Constitution was granted to the City Council of George Town from 1 April 1961. George Town was fully autonomous financially and was the richest local authority, with annual revenue almost double that of the State of Penang. Its Reserve Fund at the end of 1965 stood at some 6,037,535 Malaysian dollars.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe 1960s was a challenging time

for local authorities in Malaya. They faced many problems regarding internal politics and administration. In addition, the Indonesian confrontation against the formation of Malaysia in 1963 has forced the federal government to suspend local council elections in 1965.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe suspension was made by

means of emergency law namely the Emergency (Suspension of Local Government Elections) Regulations 1965 and its amendment on the same year. Since then, local governments in Malaysia have not been elected.hru the election process

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsProblems faced during the early

1960s were further aggravated by a plethora of local government entities in the country at that time. To make matters worse, there were many laws governing local authorities since every state had their own laws.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsUntil early 1970s, the

proliferation of local councils reached staggering numbers—374 in Peninsula Malaysia alone. Hence, the federal government saw the need to reform local governments in Malaysia in order to improve its working and standing.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsA Royal Commission of Inquiry to

investigate the working of local governments in West Malaysia was established in June 1965 for this purpose.

After the Nahappan Report was completed, the Cabinet appointed yet another commission or committee to study the implications of the Nahappan Report.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsIt went along with the spirit and

most of the Nahappan recommendations. It was, however, another report submitted by the Development Administration Unit (DAU) of the Prime Minister's Department which effectively set aside the Nahappan recommendations in 1971.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsOng Kee Hui, the Minister for Housing

and Loval Government started the restructuring process by introducing the Local Government Act (Temporary Provision) 1973.

This Act empowered the federal government to review all existing laws relating to local governments, including state enactments and ordinances.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsEventually, three main laws were

passed which changed the system of local government in Malaysia. They were Street, Drainage and Building Act 1974 (Act 133), Local Government Act 1976 (Act 171) and Town and Country Planning Act 1976 (Act 172).

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsSome important changes were

enforced under the Act 171 alone. One of them was the restriction of the number of local governments in the peninsula.

More importantly the abolishment of local government elections. Under this act, local councilors were no longer elected but appointed by the state government.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe local government roles have had

rapidly changed as well. In early 1960s, a local government was considered as another channel in exercising one's democratic right - apart from electing representatives to the parliamentary and state assemblies. However, it has now taken up the role of speeding up and encouraging development projects for better economic environment.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe constitution of 1957 gave the

exclusive power to govern local governments to the state except those in the federal territories. However, a constitutional amendment was made in 1960 that provides for the establishment of a consultative committee called the National Council for Local Government.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsMembership of this council consist of a

federal cabinet minister as the chair, a representative from each state governments as well as no more than 10 representatives of the federal government. Although its role is to be consulted in the matters of law governing local authorities, this 1960 constitutional amendment also provided the chair a casting vote thus gave the federal government a big clout on local government.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe local government today,

based on the Local Government Act of 1976, allowed for the establishment of 12 municipalities and 90 district councils within three years, and most members of these councils would be appointed and not elected, and in most cases the chairman would be the District Officer or some other civil servant.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsThe two main division of local

government are rural district councils and urban centers. There are two types of urban council: city councils and municipalities. All types of local government perform the same functions. Municipalities can be upgraded to cities once they satisfy the required criteria. There are nine city councils, 34 municipal councils and 101 district councils.

Selection/Appointment of Selection/Appointment of CouncilorsCouncilorsHowever, cities are led by mayors, while

municipalities and districts are led by presidents. The state governments, elected every five years, appoint mayors, presidents and all councilors. The appointments are for three-year terms, but individuals may be reappointed. This is uniform across the country. The council decision-making process is through a committee structure determined by the local authority, including the committees provided for in legislation.

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦Non-governmental organizations and professionals want the Selangor government to review the recent appointment of local councilors, claiming that some NGOs and professionals have been left out this time around.

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦ A memorandum was handed over by the Coalition of NGO and Professional Appointed Councilors (CONPAC) and Coalition for Good Governance (CGG) asking the state government to:

Reveal the list of all councilors appointed under the promised 25% quota allocation for NGOs and professionals;

Allow a transparent assessment system so that those who have been dropped have a chance to defend themselves; and

Include an official from the CGG in the selection committee to ensure fair play.

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦ Disappointment was expressed with the appointments that allegedly did not fulfill the 2008 general election promise of setting aside 25% of the posts for professionals and NGOs. The number of NGOs and professionals appointed has reduced to three from seven in 2008. In the Kuala Langat district council, the only NGO councilor not affiliated to any political party who was appointed under the quota system has been axed.

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦There is a need to restore local government elections, arising from many issues concerning poor management and abuse of power in local authorities as highlighted by local newspapers. People were angry by political interferences in the decision-making of the local councils and they want changes to be made.

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦ The appointment of local councilors under the present scheme or system is a political appointment, and certainly there is no transparency. In 1970s, when the local councilors were appointed, section 10 of the Local Government Act 1976 was followed strictly. These people, in addition to the professional expertise they brought to the post, were involved in community affairs.

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦ However, in 1980s, the local councilors began to change to be political appointees from component parties of the ruling coalition. Before 1980s, the local councilors were loyal to the public but after that, the local councilors were only loyal to their political masters. Since then, corruption had tarnished the service given by the local authorities whereby by-laws and guidelines were not followed strictly. This had then affected people’s lives and interests.

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦In the Roadmap to Local Government Elections Conference jointly organized by the Malacca Bar Committee, Centre for Policy Initiatives and Civil Society Initiative for Parliamentary Reform (CSI-Parliament) on July 26th, 2008 in Malacca, the following resolutions were formulated:

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦Resolutions: The restoration of local elections

constitutes an important step forward in reviving democracy, improving the standard of governance and checking the scourge of corruption, excesses and mismanagement presently plaguing the urban population in Malaysia;

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦Resolutions: The restoration of local elections lies

clearly within the jurisdiction of the state government, as provided for by the Article 113(4) and Item 4, List II, Schedule 9 in the Federal Constitution. State governments, especially the Pakatan Rakyat ones which have made election promises on reviving local elections, should take immediate steps to formulate state laws to such effect;

Evaluating The Representative Evaluating The Representative SystemSystemIssues of Political Appointments:

◦Resolutions: The Federal Government should, at the

same time, initiate consultations with the general public and hold negotiations with the state governments to formulate a comprehensive plan to have local elections that are clean, free, fair and representative.