PJ mayor caught out by his councillors

 

 If he had his way, there would be no necessity to comply with laws and the statute books can be thrown out of the window.

If he had his way, there will be no need to consult the councillors on any decision-making because he believes he is empowered to make unilateral decisions.

These scenarios have put the Petaling Jaya City Council (MBPJ) mayor, Mohamad Azhan Md Amir, in a pickle because the law states that any decision must be made by the majority of the councillors.

If in MBPJ previously there were attempts to go around the law or bend it, this was a blatant breaking of the law with the mayor trying to bulldoze his way, only for his efforts to backfire spectacularly.

Some background: MBPJ’s One-Stop Centre (OSC) comprising four members had rejected an application to develop a parcel of land along Lorong Sultan on the basis that the proposed plot ratio was higher than the city’s permissible limit at the time of consideration.

The developer appealed to the Selangor Appeals Board against the decision and a hearing was held last month, while a decision is expected later this month.

The developer, in the meantime, submitted a fresh application to the OSC for consideration, following the state’s new guidelines.

Councillors’ authority provided in law

At the OSC meeting, three out of the four - the majority - requested that the developer withdraw the appeal before the new application can be considered.

The developer took the position that it will only withdraw its appeal after planning permission is given by MBPJ.

When the OSC meeting minutes were being read out for endorsement on Tuesday, many councillors questioned the way this whole issue had evolved.

The Appeal Board’s decision on the matter, the councillors argued, was still pending and it was not right for a decision to be made by the council.

This is where the mayor asserted his supposed authority, ignoring the powers vested in the councillors and claiming that they are there only to “give input on social and political matters.”

This would be a far-fetched statement as roles, powers, duties and other relevant issues are provided for in the Local Government Act.

Section 26 (1) of the Act specifically states: “Except as otherwise prescribed, all questions coming before any meeting of the local authority shall be decided by a majority of the votes of the councillors present.”

When 19 councillors walked out, there was no quorum and the meeting ended abruptly.

So, the mayor was certainly out of order and one wonders why he did not pay heed to the requests made by the councillors to defer any decision pending the withdrawal of the appeal.

MB must demand explanation

Yesterday, Selangor Mentri Besar Amirudin Shari waded into the fray making a frail attempt to defuse the issue and protect the beleaguered mayor.

“We discussed this in our state exco (meeting) and then today (Wednesday), our local council exco Ng Sze Han met with the whip and the mayor and I think it was some misunderstanding, or maybe we have to improve communication,” Malaysiakini quoted him as saying yesterday.

Selangor Menteri Besar Amirudin Shari

No, Mr mentri besar. It was nothing like it - not even close. It was a show of non-existent powers by the mayor for reasons better known to him. Are you suggesting that the mayor did not understand the law?

It was a blatant and unconcealed effort to ignore the views of the councillors (who represent the residents). It was also a deliberate act to disregard the laws that govern local councils.

The menteri besar must order the mayor to explain why he was in such a hurry to push for approval and why he acceded to the developer’s demand that planning permission be given before the appeal could be withdrawn.

By the way, Amirudin, the phrase “we have to improve communication” and the word “misunderstanding” have been overused and misused repeatedly, especially by politicians in high places. So much so, they have become ancient and irrelevant.

Please look for other words or phrases to hide or camouflage your problems! - Mkini

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R NADESWARAN is a veteran journalist who writes on bread-and-butter issues. Comments: citizen.nades22@gmail.com.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMMKtT.