Lim Lip Eng says the report is inconsistent in recommending no amendments while proposing powers similar to a state legislative assembly for the council.
According to Lim, the report recommended that the Act remain unchanged while proposing that a federal territories ministers’ council play a “role similar to the state legislative assembly” and be empowered to “enact by-laws, regulations and rules for Kuala Lumpur City Hall’s use”.
He said the report failed to explain how the proposed council could exercise such powers without legislative amendments, given that the Local Government Act 1976 designates the Kuala Lumpur mayor as the local authority and grants the mayor the power to make by-laws.
While the Federal Capital Act 1960 allows the mayor to delegate some duties, Lim said the power to make by-laws could not be delegated.
“Therefore, the FT ministers’ council cannot assume that power without legislative amendments,” the federal lawmaker said in a statement.
“If the FT ministers’ council merely intends to propose draft by-laws, the report must state this clearly. However, the report uses the word ‘enact’, which implies the exercise of legislative power.”
Lim said the government could not maintain that the Federal Capital Act did not need to be amended while proposing to give the council powers not permitted under the current legal framework.
He also said the council could not be equated with a state legislative assembly merely because it comprised ministers and MPs.
“Without clear legislative amendments, the council can only function as an administrative or consultative body,” he said.
The report, prepared by International Islamic University Malaysia, found that many issues affecting DBKL stemmed from governance and administrative weaknesses rather than gaps in the law.
The study recommended strengthening DBKL’s existing governance structure and internal administration rather than amending the law or introducing a councillor system.
Lim also took issue with the report’s citation of a 2014 Federal Court ruling involving the Penang government to argue against reviving local elections.
He said the court only ruled that Penang could not unilaterally revive local elections because doing so would conflict with the Local Government Act 1976.
“The Federal Court did not rule that local elections are prohibited by the Federal Constitution or that Parliament cannot amend the relevant laws,” he said.
Lim said Parliament had the power to establish local elections in Kuala Lumpur and called for the Federal Capital Act to be amended to establish a city council with a majority of members elected by residents.
He said the government should also amend the relevant provisions of the Local Government Act or expressly exempt Kuala Lumpur from them, before empowering the Election Commission to conduct local elections in the capital.
“Political appointments must not deprive the people of their rights,” he said.
“Those responsible for overseeing DBKL must be elected by the people of Kuala Lumpur through the ballot box, not determined by the government.” - FMT
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