Council elections remains a question in Selangor

(The Star) – IT HAS been more than six years since the Pakatan-led government has been in office in Selangor and among their local reform promises to voters was to reintroduce local council elections.

However, despite their second term in office, there seems to be a lack of interest to make this promise a reality.

Based on a report in The Star on Aug 15, the Federal Court declared that the Penang state government had no jurisdiction to hold local government elections.

Court of Appeal president Justice Raus Sharif said the state government had exceeded its jurisdiction by unilaterally exempting the application of Section 15 of the Local Government Act 1976 to the whole of Penang.

Section 15 prohibits state legislatures from holding local government elections within their states.

Justice Raus said since the abolishment of local government elections was a policy decision by the National Council for Local Governments, the state government should have consulted the council in seeking to make the exemption.

The court also ruled that the state government had acted ultra vires (beyond its powers) in passing a 2012 enactment to hold local elections, as the enactment ran contrary to Sections 10 and 15 of the Local Government Act, which are federal laws.

Planning and Local Government law expert Derek Fernandez however, said “local council elections could be carried out without amending the law and it could be done by holding an informal election.

“The winner could then be appointed by the state,” he said.

In June 2013, former Selangor state local authority committee chairman, Teng Chang Khim, had said he would like to reintroduce the election by end 2014.

With the change of the state executive council line-up, the plan remains unclear.

In an online media report, on Dec 1, it was reported that during the recent DAP Selangor Yearly Convention 2014, Petaling Jaya Utara MP Tony Pua said DAP would push for the local council elections.

At the convention, Pua had said there would be a mutual goal shared by both the public and the council president or the mayor, if local council elections were held.

He was reported as saying, no doubt the Penang government had failed to get the approval from the Federal Government, but the Selangor government should continue to push for local council elections so the public has a say in managing their local councils.

In the report, Pua said only when the ‘third vote’ was returned to the public, would the local government take full responsibility to correct itself to benefit the public.

At present, there are several councils in the state without a mayor or a president.

These are the Shah Alam City Council, Ampang Jaya Municipal Council, Subang Jaya Municipal Council, Kajang Municipal Council and Hulu Selangor District Council.

On Dec 31, the richest council in Selangor, the Petaling Jaya City Council will also be without a mayor when the current mayor will exit the scene as her tenure as a council president ends.

Fernandez feels this is the best time to call for a local council election to determine the next council mayor or president.

StarMetro spoke to Fernandez and Bersih 2.0 chief Maria Chin Abdullah on their views regarding local council election.

“For a start, an informal election can be held to determine the next Petaling Jaya mayor,” Fernandez said.

He added that the process was simple with several names put forward, and residents of the council voting for their preferred candidate.

The voters list could be based on the same ones used during the general election, which was obtainable from the area assemblyman or MP.

The list, he said, could also be based on the list of those who pay assessment in a city or municipality.

“The candidate voted for, could then be appointed by the state.

“At present, the state appoints the mayor, president and the councillors. Residents have no say.

“Just give the residents several candidates for them to choose from,” he said.

Fernandez said at present, political parties have an influence in deciding who becomes a councillor.

Councillors, mayors and council presidents are appointed under Section 10, of the Local Government Act, 1976.

The minimum qualification required is distinction in trade and profession.

Section 10(2) of the Act states that “councillors of the local authority shall be appointed from amongst persons the majority of whom shall be ordinarily resident in the local authority area.

“These persons must, in the opinion of the state authority, have wide experience in local government affairs or have achieved distinction in any profession, commerce or industry, or are otherwise capable of representing the interests of their communities in the local authority area”.

“The person appointed must be a professional and their peers from the field must view them as such.

“The person must have wide knowledge on local government or capable of representing their community.

“50% of the councillors should be resident in their respective council,” he said.

Interestingly, the Act does not require a councillor to represent a political party.

However, based on the present appointment system, political parties seem to have a lot of say in deciding who becomes a councillor.

Fernandez said the elected councillors provided an added measure of protection of public rights on local government matters.

He added that the election process could weed out any illegal actions on corrupt or incompetent instructions.

“When a person is elected, they are subject to public accountability,” he said.

It has been more than six years since the Pakatan lead government has been in power.

Yet each term the there seem to be a number of vacant councillor positions.

“Even the seats of council presidents have been vacant for some time.

“This should be viewed seriously,” he said.