Local Government Counts Facilitating and Enhancing Local Governments

Local Government Counts: Facilitating and Enhancing Local Government’s Performance in Community and Service Delivery Loo-See Beh(University of Malaya) Siew-Nooi Phang(Sunway University)

Malaysia is a Federation and has three tiers of Governments • Federal – Sovereign National v. Parliamentary democracy; headed by a constitutional monarch v. Executive Branch headed by the Prime Minister • State – Quasi-sovereign v 13 states; nine states each has a hereditary ruler and the remaining 4 each has a Governor v. Executive branch headed by Chief Minister • Local – Infra-sovereign v 4 major types: city hall, city council, municipal & district councils v. Headed by an appointed Chief/President/Chairman with 24 Councillors

Government Structure in Malaysia King Levels of Government Parliament Cabinet Federal Prime Minister’s Department Ministry of Housing & Local Government Department of Local Government State Level State Development Agencies State Government Other Ministries National Council for Local Government Members 1 Chairman 10 Federal Reps 11 State Reps 1 Sabah Rep 1 Sarawak Rep Local/District Level City Hall Indicators: 3 City Council Power & Control; Municipal Council Advice; District Council National Council Members for Local Government

Summary of Federal Functions External affairs Medicine & health Defence Labour & Social Security Internal Security Welfare of aborigines Civil & criminal law, & administration of justice Federal holiday; standard of time Federal Citizenship & naturalisation; aliens Professional licensing Federal govt. machinery Unincorporated societies Finance Agricultural pest control Trade, commerce & industry Prevention & extinguishment of fire Shipping, navigation & fisheries Publications Communications & transport Censorship Federal works & power Theatres & cinemas Surveys, inquiries & research purpose Co-operative societies Education 4

Summary of State & Shared Functions State Functions Shared Functions Muslim laws & custom Social welfare Land Scholarship Agriculture & forestry Protection of wild animals & birds; national parks Local government Animal husbandry Local public services; boarding houses, burial grounds, pounds & cattle trespass, markets & fairs, licensing of theatres & cinemas Rehabilitation of mining land & land which has suffered soil erosion State works & water Vagrancy & itinerant hawkers State government machinery Public Health State holidays Drainage and irrigation Inquiries for state Town & country planning Creation of offences & indemnities related to state matters Fire safety measures Turtle & riverine fishery Cultural and sports, housing 5

Supplementary List: Additional Shared Functions for Sabah & Sarawak Supplementary List for Sabah & Sarawak Additional Shared Functions for Sabah & Sarawak Native law and customs Personal law Incorporation of State authorities and other bodies Adulteration of foodstuff and other goods Ports and harbours other than those declared Federal Shipping under fifteen tons Cadastral land surveys Water power In Sabah, the Sabah Railway Agriculture and forestry research Charities and charitable trusts Theatres, cinemas & places of amusement 6

Local Government Laws in Malaysia � In Peninsular Malaysia, all Local Authorities operate under uniform laws enacted by Parliament under clause (4) Article 76 Federal Constitution: v. Local Government Act, 1976 (Act 171) v. Street, Drainage and Building Act, 1974 (Act 133) v. Town and Country Planning Act, 1976 (Act 172) � However uses: the City Hall of Kuala Lumpur also v. Federal Capital Act, 1960 (Revised 1977) (Act 190) v. City of Kuala Lumpur (Planning) Act, 1982 (instead of Act 172) continue… 7

Cont… �In Sabah all Local Authorities operate under: v. Local Authority Ordinance, 1961 v. Town and Country Planning, 1969 (Cap 141) �In Sarawak, 3 Ordinances: v. Local Authority Ordinance, 1996 (Cap 20) v. Kuching Municipal Ordinance, 1988 (modification of Cap 116/1948) v. City of Kuching North Ordinance, 1988 8

Relationship between Local & State Government � Under the Federal Constitution, local government is a subject of the State Government. �A Local Authority is subordinated to the State Government and is subjected to its supervision � Under the Local Government Act 1976, the State Authority: v. In consultation with the Minister (charged with Local Government), has powers to declare and determine the status of a Local Authority and to delineate the Local Authority boundaries continue… 9

Cont… v. Appoints the Councillors, the Mayor or President and the Secretary v. Approves the annual and supplementary budget and any proposals to raise loans and local taxes v. Can issue directions of a general nature on the policy to be followed in relation to matters affecting the interests of the Local Authority areas 10

Number of Local Authorities in Malaysia, 2011 Type of Local Authority Peninsular Malaysia Sabah Sarawak Total City Hall 1 1 1 3 City Council 7 0 2 9 Municipal Council 34 2 2 38 District Council 57 21 21 99 - 1 99 25 26 150 Town Board Total 11

Administrative Reforms – Community and Service Delivery � Governments are experiencing increasing expectations for political, social and economic transformation from within and outside. � All governments which are to remain functionally and politically relevant need to improve the capacity of their institutions and service delivery. 12

Administrative Reforms, cont. � The legitimacy of a government requires it to meet the demands of the citizenry. � To bolster its ability to “deliver” governments need to stress on continuous reforms to better their image and status quo. 13

Governance at City level “Can be defined as some of the ways through which individuals and institutions (public and private) plan and manage their common affairs. It is a continuing process that may either lead to conflict or to mutually beneficial cooperative actions. It includes formal institution and informal arrangements as well as the social capital of citizens. ” 14

Goal Destination of Good Governance & Performance b. Better quality of life for all b. A betterment of the human condition overall b. Leverages on sustainable and knowledge based development b. Making cities more efficient, equitable, safer and sustainable 15

Issues & Challenges Confronting Local Government’s Performance � Relevance as an efficient service provider � Demands from community: Perception Gap � Revenue administration � Capacity building & Carrying capacity � Community participation & LA 21 � Good governance 16

Key Barriers to Community Participation Lack of awareness, information and lines of communication Limited extent of citizens involvement in the local community Government responsiveness to its citizens – difficulty in managing change

Cont… Administrative rigidity – internalisation of topdown approach Emergence of re-centralisation – inability to reorientate to the needs for greater decentralisation and empowerment

Local Government and the Need for Change and Obstacles to Change � Uniqueness of Malaysia’s local government situation; e. g. absence of local elections; � Skewed financial allocation; � Delegation of burdensome services with “add on” services, further weakening local government; � Re-centralisation and “formal harmony and informal discord”; 19

Local Government and the Need for Change and Obstacles to Change, cont. � Historically federal-state-local relations had been eventful; � Community awareness and participation – the global citizen; � Local Government Act (Act 171) – implementation was an effort at reforming LG, but rendered LG weaker. Review of Act 171 in consonance with re-positioning LG in line with the nation’s transformation programme. 20

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