Tuesday, December 16, 2008

Local Government Elections?

We have been talking about local government elections for the longest time. We pushed it hard during the last general elections. I know I did. I also know that there are many who have criticised the Pakatan Rakyat state governments as to why such elections have not been held.

There have been many reasons given for the delay, some of which I find very real and valid, others less so. I'll not deal with these reasons on this blog post. Instead, I've finally gotten a reply from the Ministry of Housing & Local Government on my following question with regards to local government elections.
[Petaling Jaya Utara] minta Menteri Perumahan dan Kerajaan Tempatan menyatakan sama ada kerajaan akan membantah ataupun menghalang negeri-negeri yang dipimpin oleh DAP, PKR dan PAS melaksanakan pilihan raya Kerajaan Tempatan yang merupakan ruang lingkup kuasa Kerajaan Negeri. Jika ia, sila memberikan penjelasan yang terperinci.
The answer by the Ministry was essentially to say that the state has no such right as follows.
Untuk makluman Ahli Yang Berhormat, cadangan untuk mengadakan semula pilihan raya kerajaan tempatan adalah tidak selaras dengan undang-undang dan dasar sedia ada. Antara undang-undang yang berkenaan ialah Akta Kerajaan Tempatan 1976 (Akta 171) dan Akta Pilihanraya Kerajaan Tempatan 1960 (Akta 473).

Walaubagaimanapun, sekiranya terdapat cadangan untuk mengadakan pilihan raya kerajaan tempatan, maka selaras dengan peruntukan Perkara 96A Perlembagaan Persekutuan, persoalan dasar berhubung cadangan ini hendaklah terlebih dahulu dipertimbang dan diputuskan di peringkat Majlis Negara bagi Kerajaan Tempatan.
Is it? Is it not? I'm no legal expert but I do know that there's clearly uncertainty over who has control over local government elections. Regardless, it's clear from the answer above that the Federal Government will not support any attempts at local elections at the state government level.


NEO said...

What is "Majlis Negara"?

shinliang said...

One of my very respected friends, Yap Boon Hau, has written on this issue on his blog.

He's a very experienced lawyer.

you can read it here:


Anonymous said...


Another matter we have been looking forward to see is the Declaration of Assets by EXCO, ADUN. MPs to show the commitment of transparency. Is there any website that you can let us know where we can see this Asset Declaration?

If you can help me for the link for Penang on the same matter would be great.


Shawn Tan said...

Quickly skimming the Acts, Act 171(10) says that members of local councils are appointed by the MB/CM of each state. Then Act 473(5A) seems to say that members of local councils are elected as long as it is not against any other law in force. So, I guess it all boils down to how 'appointed' is interpreted.

To me, both Acts allow for the election of local council members. Act 171 does not prohibit a local council member from being elected. So, use Act 473 to run the local elections and then Act 171 for the appointments. Either that or have a mix of elected and appointed local council members.

Whether or not the PR states are willing to test the case is another issue altogether. IANAL.

Anonymous said...

YB Tony, don't you think PK should have checked all the facts before promising Local elections to the voters. It appears now you are throwing the blame on others. Obviously, I am not expecting the UMNO-BN govt to co-operate, so are we reaching a dead end?
Please have all the facts on this matter and the barriers put by the culprits who are against it, make them public for the electorates.
The voters can then decide in the next GE.

Anonymous said...


Have you even wonder if PR raised the issue during the election, why BN, MCA and Gerakan did not retorted back what it cannot be done. It was an election issue and MCA/Gerakan should also fight back and give a reply.

There is no dead end and the dead end is when PR forms the Federal Government and refuse to implement the LG Election

Anonymous said...

nothing is easy in this life. especially true when come to delivering promises.

nevertheless, this was what DAP promised in its 2008 GE Manifesto. it's not only in print, it's all over internet with youtube videos too.

When the time come (next GE), this will either ticked 'Done' or 'Failed' on the report card.

4 more years left.

Poh Soon said...

Dear Tony Pua,

With regard to this matter, if it is indeed true that the State government can't really have the local government election, then i think that one of the suggestion in some forum, as below is workable.

If i'm not mistaken, although the current local government are not elected by the rakyat, it was appointed by the state government. Thus, the government can appoint a proxy of the local government election. The state government can set up a system or procedure for the 'rakyat' of an area to propose on candidate and then vote on who would be the best candidate they desired. Afterwhich, the state government can then appoint these candidate holding the position in local government.



Anonymous said...


No the issue is why Pakatan reluctant on restore back local gove.election. Ypu promise to people, you must do it first.If Pakatan realy want keepe their promise not like BN, they must immediatly fullfill their promise to show to rakyat that do what we said.If than the BN goverment obstruct and stop the election, than people judge who is the real the antipeople and democrasy.

But im very dissapointed with PR not fullfiil their promise because scare to face reality