KUALA LUMPUR – Local elections cannot be held in the Federal Territories due to a legal limitation in the law stipulating that the appointment of Kuala Lumpur City Hall (DBKL) commissioners is at the sole discretion of the Yang di-Pertuan Agong.
According to law minister Datuk Seri Azalina Othman Said, this is part of the provision of the Federal Capital Act 1960 (Act 190), the main legislative document which oversees matters concerning DBKL and the Kuala Lumpur mayor.
She added that this is unlike other local councils in the country, which are governed by the Local Government Act 1976 (Act 171).
As such, she said should there be any contradiction between the two legislations, Act 190 shall take precedence and be applicable for DBKL and its mayor.
Section 4 of the act states that the commissioner of the city of Kuala Lumpur, also known as the mayor, shall be appointed by the Agong for a term of five years, unless His Majesty, in any particular case, determines for a shorter period.
It also stipulates that the commissioner shall hold office upon such conditions as determined by the king.
“Considering the appointment of the KL mayor is at the sole discretion of the Agong under Act 190, local elections cannot be held for the federal territory of Kuala Lumpur,” Azalina said in a written parliamentary reply.
The minister was responding to Tan Sri Muhyiddin Yassin (Pagoh-PN) who wanted clarification on the agenda of Empowering Democracy and Transparency in DBKL, which was included in Pakatan Harapan’s recent election manifesto.
According to Azalina, apart from Act 190 and 171, the mayor is bound by several other legislations in carrying out his duties, including the Federal Territory (Planning) Act 1982 and provisions of other by-laws.
She added that the relevant laws still provide room for public participation in planning the development of the capital city.
“DBKL encourages public involvement at all levels, to provide input and feedback on local development projects and policies which have major impacts on the people’s lives.
“As such, DBKL has drawn up development plans as aspired together with the people of the city.”
To further promote transparency and democracy, Azalina said DBKL has kickstarted engagement programmes with Kuala Lumpur MPs to get their input to resolve issues faced by the public. – The Vibes, April 9, 2023
