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Speech during Towards A Better Local Government Forum organised by the Malacca Bar Committee  

by Lim Guan Eng

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(Melaka, Saturday): DAP calls for the restoration of  the 3^rd vote and setting up of the Local Government Authorities Tribunal as the only way to resolve failures of performance and establish the foundation for democracy, good governance, rule of law, financial accountability and transparency. So extensive the failure in performance of local government authorities in Malaysia, local authorities have been labelled "secret societies" because of the lack of transparency and accountability, highlighted by public concern over mismanagement, wastage of public funds on overseas junkets under the pretext of study tours, approvals for deforestation of land causing untold damage to the environment, lack of enforcement, bribery and corruption in local townships. 

Local authorities in Melaka have gone for "holiday" to China to witness preparations for the 2008 Olympics in Beijing even though Melaka has never applied to host the Olympic Games or going for a study tour to Australia when half of the Councillors do not even understand English is a gross abuse of power and waste of public funds. There has been double-standards such as issuing parking summons, hawkers’ summons, health summons or even banning or shooting dogs indiscriminately and yet no summons are issued for illegal telecommunications towers.   

Four decades ago, 1^st March 1965 was a black day for democracy when local government elections, scheduled to occur in 1965 and 1966, were suspended under the Emergency (Suspension of Local Government Elections) Regulations, 1965. Before then, there were around 3,000 elected representatives out of 4,223 local councilors representing 373 local authorities. The subsequent abolition of elective local councils by state governments followed by the replacement with appointed members under the 1976 Local Government Act spelt the end of local democracy and curtailment of local popular participation. 

Democracy is a proven formula for progress, prosperity, freedom and equal opportunity. At the local level, democracy allows the people to decide on the solution to the problems they are familiar with.  It is no accident that the wealthiest countries in the world which enjoys good governance are all democracies.  

Malaysia has a three tier level of government, namely at the Federal, State and local government level. Malaysians possesses only two votes at the Federal and state when we deserve three. The case of the Federal Territory of Kuala Lumpur is more unfortunate when they are deprived even of state representation. There is no reason why elections cannot be held at the local level if it can be held at Parliamentary and state level.  

Isn’t it ridiculous that Malaysians can select and decide on our Prime Minister at the Federal level and Chief Minister at the State level but have no right to elect our municipal councilors? 

For far too long have local government being an appointed office and the people made to suffer its consequences with poor basic services and amenities, disreputable and corrupt management as well as ineffective and inefficient administration. Appointed councilors seem more interested in enjoying the perks of office such as going for overseas junkets at public expense rather than serving the people. Efficient and effective delivery functions  are the exception rather than the rule whereby:

·      Environmental services such as rubbish collections and disposal of wastes, grass cutting, proper drainage and beautification programmes are generally poorly conducted.

·      Public amenities such as street lights and transportation are lacking with the long-suffering public enduring both petty theft and traffic jams;

·      Public health and cleansing is a failure as demonstrated by the deadly dengue epidemic menacing 25 million Malaysians;

·      Social functions such as child-care centres, clinics and ambulances are almost non-existent;

·      Budgetary functions to prevent ratepayers, who provide the source of funds, from participating in spending decisions; and

·      Developmental functions are more a source of abuse of power and malpractices and even corruption than meeting the socio-economic needs of the people. 

Local governments are by and large unaccountable, unresponsive and at times corrupt. Only when our local government is elected, then will there be pressure to perform and serve or else face the judgment of the people. 

All democratic countries allow local elections of councilors and Mayors, including our regional neighbours Indonesia, Philippines, Thailand and Kampuchea. Even in so-called dictatorial systems like China, village elections were first introduced in China as early as 1978 and subsequently conducted on a trial basis from 1988 onwards. China’s 1998 Organic Law on Villager Committees institutionalizes local democracy in China by allowing competitive elections of directly elected villager committees by secret ballot, including the Village Head.  

When a communist country such as China allows elections of village heads, Malaysia must allow grassroots democracy in our cities, districts and villages. After all, the 1965 Royal Commission of Enquiry to Investigate into the Workings of Local Authorities in West Malaysia under Senator Athi Nahappan (commonly known as the Nahappan Commission) recommended the restoration of locally elected councils in December 1968.  

The Cabinet Committee into the Nahappan Commission Report headed by the Secretary-General of the Housing and Local Government Ministry Encik Hassan bin Mohd Noh also supported Nahappan Commission’s recommendations for local democracy. The setting aside of the Nahappan Commission’s recommendations and the subsequent Cabinet Committee Report in 1971 was an act of betrayal for democracy.  

Who can forget those heady days of democratic empowerment when the opposition PPP won and ran local councils for the benefit of the people? Sadly the new heirs and successors of PPP have betrayed their very birthright by joining anti-democratic forces MCA, UMNO and MIC to support the ban of elected local councils. 

We have submitted a memorandum to Minister of Housing & Local Government Datuk Seri Ong Ka Ting on 26/1/2005 that the restoration of local government elections will provide a solid foundation for democracy, good governance, rule of law, financial accountability and transparency. Ong’s response that he does not support nor oppose our memorandum is disappointing and shows the lack of democratic spirit within MCA.