Reviving local elections challenges KL’s governance framework, says feasibility report

 It suggests a possible conflict with the constitutional position accorded to the Selangor sultan under the Federal Territory of Kuala Lumpur Agreement 1974.

The report argued that Kuala Lumpur’s administration was established on the principle that the capital city belongs to all Malaysians, and not just the city’s residents. (Envato Elements pic)

PETALING JAYA:

A feasibility report on amending the Federal Capital Act 1960 argues that reviving local elections could conflict with the Federal Territory of Kuala Lumpur Agreement 1974, which formed the basis for Kuala Lumpur’s establishment as a federal territory.

The report noted that under Article I of the agreement, the sultan of Selangor had relinquished sovereignty over Kuala Lumpur, while Article V prescribed the establishment of an advisory board as part of the capital city’s administrative structure.

“The agreement also gives the sultan of Selangor the right to name two members of the advisory board, under Section 6 of the Federal Capital Act.

“As such, the proposal to hold local government elections to fill council or advisory board positions could be seen as inconsistent with the appointment structure agreed upon in the historic agreement,” read the report prepared by International Islamic University Malaysia.

It said local elections would not only alter the agreed-upon appointment structure, but “potentially challenge the constitutional position accorded to the sultan of Selangor during the transfer of the territory”.

The Federal Territory of Kuala Lumpur Agreement was signed on Feb 1, 1974 by the then Yang di-Pertuan Agong, Sultan Abdul Halim Mu’adzam Shah, on behalf of the federal government, and the then Sultan of Selangor, Sultan Salahuddin Abdul Aziz Shah, on behalf of Selangor.

The report also argued that as Kuala Lumpur’s administration was established on the principle that the capital city belongs to all Malaysians and not just the city’s residents, the right to determine its policies and direction should ultimately remain in the hands of the nation’s highest governing body.

“This is supported by the fact that the funding for major infrastructure development such as roads, housing and sewerage systems comes from taxpayers nationwide, rather than solely from Kuala Lumpur residents.

“In line with the principle that ‘he who pays the piper calls the tune’, the authority to determine the capital’s policies and direction should remain with the nation’s highest governing body to ensure that this national investment is protected and the interests of all Malaysians continue to be prioritised,” it said.

Earlier today, Kepong MP Lim Lip Eng said Parliament had the power to establish local elections, 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.

Lim argued that those responsible for overseeing DBKL “must be elected by the people of Kuala Lumpur through the ballot box, not determined by the government”. - FMT