Local Council 'Elections' - where people choose can be done now if PR really wants democracy...

The reason why the Pakatan Rakyat states cannot have Local Council elections is because the law does not allow it, and until that Federal Law is amended in Parliament, which is now controlled by the Barisan Nasional, there can be no Local Council elections..

A really lame excuse....the real reason is that the Pakatan Rakyat are very afraid that an open elections may not provide the results that it would like to have - i.e. its' own people in control of the Local Councils...

There are two views on the issue of Local Council elections:-

a) No problem, the State government can proceed and have Local Council Elections now...
The Federal law governing Local Councils, Local Government Act 1976 (Act 171) in section 1(4) is the way out... and the answer to immediate Local Council elections..

Then, when Act 171 was enacted, it was expressly provided in Section 15(1) that "notwithstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect". This means that the provisions in the Local Government Elections Act 1960 relating to elections have also ceased to apply.

However, some have argued that this is still legally possible as Section 1(4) allows the state authority to exempt any area within any local authority from any provision of Act 171, including Sections 10 and 15(1). The state legislature can then enact state laws to govern local government elections as it is empowered to do so under Paragraph 4(a) of the State List.

Article 113(4) of the Constitution also provides that state law may authorise the Election Commission to conduct elections other than parliamentary and state legislative elections.

In other words, a state authority may suspend the application of Sections 10 and 15 of Act 171 and then cause the state legislature to enact laws governing elections for those local authority areas. - NST Online, 13/3/2008 -Polls show democracy is very much alive; [the full article is in this blog,
http://charleshector.blogspot.com/search/label/Local%20Council]

b) That we cannot have Local Council elections now - because it MAY by challenged as being inconsistent with Federal Law...

However, to enact state laws governing local government elections might still technically conflict with Sections 10 and 15(1) of Act 171 and the 1965 Emergency Regulations (presumably still in force).

As Act 171 is a federal law made under Article 76(4) and not under Article 76(3) of the Federal Constitution, which deems laws passed by Federal Parliament as state laws, it follows that Article 75 of the Constitution provides that if any state law is inconsistent with a federal law (Act 171 and the emergency laws), the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void.

Of course, it can also be argued that with the exemption, the conflict does not arise. But that is a risky approach as the local government elections held pursuant to state laws can be challenged in court. If this is successful, the elections and decisions made by the councillors risk being declared null and void.

THUS, the conclusion this author reached is that it was RISKY - therefore better if we amend the Act first...

Therefore, holding local government elections is possible if Section 15(1) is repealed and Section 10 amended. This can only be done if the Barisan Nasional government, which has a simple majority in parliament, also wants it.

And hence, of late one Pakatan Rakyat asked the question whether the government had any intention of making the necessary amendment -- and of course, the answer was "No".

But, I say there was 2 view points - and taking into consideration also the fact that "it is the state authority (which is essentially the state executive council) and not the federal ministry of housing and local government which has control over the local authorities", I say let us proceed and have Local Council Elections....

OK...OK...if Pakatan Rakyat is so SCARED and do not want to have Local Council Elections until that Local Government Act 1976 (Act 171) is amended, then there are OTHER ways of getting the rakyat to choose their Local Council members...

After the Local Government Act 1976 (Act 171) is amended -- then, I believe, that the Pakatan Rakyat will come up with other excuses - one after another -- like maybe that it cannot be held until the Yang Di-Pertuan Agung withdraws the Emergency Proclamation....blah...blah because...

The last local government elections were held in 1963 under the Local Government Elections Act 1960. However, they were suspended after the Confrontation with Indonesia pursuant to the Emergency (Suspension of Local Government Elections) Regulations 1965 and Emergency (Suspension of Local Government Elections) (Amendment) Regulations 1965 made under the Emergency (Essential Powers) Act 1964.

Since then, councillors have been appointed by state authorities. The 1965 regulations were extended after the May 13, 1969 incident pursuant to Section 6 of the Emergency (Essential Powers) Act 1979, which provides that regulations made under the Emergency (Essential Powers) Act 1964 shall remain in force as if they had been made under the 1979 Act.

BUT, I say again these are all EXCUSES because, in reality, the Pakatan Rakyat do not have any intention of having Local Council Elections just like the BN. They prefer to appoint their own party members into majority of the Local Council positions, hence having total control of Local Councils.

Like the BN, the Pakatan Rakyat also seem to be now not interested in giving the people more power in choosing their leaders/reps at all levels - not just the Local Councils - but also the Kampung, Taman, etc levels --- the Penghulu, etc..

If there is that POLITICAL WILL to be more democratic, then even if they want to play safe and not get in councillors through Local Council Elections - they could very well still have had a 'REFERENDUM', or even a "SELECTION" (a kind of Elections) and after the results are announced of who the people would prefer or like to be in the Local Council -- then the State Government could proceed to appoint the said persons... and this would be in accordance of the law.

Yes - still appointment by the State - but after getting the people involved totally in identifying their choice...

For a real Local Council elections -- of course, you can still wait for the amendments of Federal Laws, revocation of Proclamations of Emergencies or whatever other reasons...

So, if there is REAL Political Will in Pakatan Rakyat - the local councillors will be truly the choice of the people within that Local Council...

So, do not come now and say that it is IMPOSSIBLE until Pakatan Rakyat becomes Federal Government and the said laws are amended and/or repealed..