Penang to table bill on local elections
Last updated on 29 November 2011 - 08:51am
GEORGE TOWN (Nov 28, 2011): Penang government is preparing to table a bill on local government elections at the next assembly sitting.
State Local Government Committee chairman Chow Kon Yeow said the state was preparing the enactment on the advice of lawyer Tommy Thomas.
"We have invited the Election Commission (EC) and Federal Government to enter a judicial review but there has been no response. The state should have an enactment allowing local government elections. With the enactment, there will be something concrete for the court to decide," Chow said on Sunday after launching Local Democracy Month at the Speakers Square here.
Chow said an enactment for local elections was allowed under the Ninth schedule of the Federal Constitution.
He said the state was intent on having elections for both its municipal councils, but the EC and Federal Government did not entertain its invitation.
Chief Minister Lim Guan Eng had on Mar 4 last year sent a letter to the EC's chief Tan Sri Abdul Aziz Mohd Yusof asking the election body to hold elections for the the Penang Island and Seberang Perai municipal councils.
Abdul Aziz had stated that it was unable to hold local elections explaining that there was no law for such elections purpose.
Currently, councillors in all local government bodies are appointed, although local elections were observed in Malaysia till the sixties.
The state said that Article 128 of the Federal Constitution provides for Federal Court jurisdiction on such a matter.
Despite this, Penang's legal advisor, Datuk Faiza Zulkifli, had reportedly told the state leadership that local elections were not possible, pointing out among other things that section 15 of the Local Government Act (LGA) 1976 stipulated all provisions relating to local government elections cease to have force or effect.
However the constitutionality of this section is being questioned as it may contravene section 113(4) of the Federal Constitution which states that federal or state law may authorise the EC to conduct elections.
Furthermore, a legal panel engaged by the state has noted that the Local Government Elections Act 1960 has still not been repealed. It was last revised in September 1991, after the LGA 1976.
No comments:
Post a Comment