Wednesday, May 29, 2019

Iskandar Puteri City councillors know their own power? Or should they resign calling for Elections?



Iskandar Puteri City Council (MBIP)  Mayor and Local Councillors are all 'political appointees' - not democratically elected by the people...

There are about 24 Local Councillors in MBIP - so, the issue is whether more than 12 Councillors want the Mayor(also a member of Local Council) to show cause....



All decisions of the Local Council, including the  Iskandar Puteri City Council (MBIP) are made by the Mayor and all Councillors  - so, it is very ODD for the Local Councillors to suddenly shift the blame to the Mayor ...(Or did these Local Councillors make the mistake of previously deciding that all powers of approving licences/permits in connection to Pasar Ramadan be given to the Mayor???)


26  Vote of majority decisive (Local Government Act 1976)
(1) Except as otherwise prescribed all questions coming before any meeting of the local authority shall be decided by a majority of the votes of the Councillors present.
(2) In case of an equality of votes the Chairman at the meeting shall have a second or casting vote.
Even if there is an urgent issue, Local Councillors can call for a 'Special Meeting" -  

21  Special meetings
(1) The Mayor or President may at any time and shall, at the request in writing of not less than one-third of the Councillors, call a special meeting of the local authority, and the day fixed for such meeting shall be within fourteen days of the presentation of such request.
(2) The notice of any special meetings shall specify the object of the meeting, and no other subjects than those specified in the notice shall be discussed at the meeting.
ALL powerful is the LOCAL COUNCIL - and Committees cannot make decisions on its own - such decisions really will have to be approved by the Local Council, who also shall have the power to reverse any such Committee's decisions... 

Do the Local Councillors know their OWN Power - They decide - Majority Decision. Committee is committee - Council have the power to agree or not agree with any Committee's decision... 

Have the issue about Ramadhan Bazaar been discussed and decided by the Local Council - Local Council meeting are OPEN to the public...unless they want to keep it 'secret' - So, is Pakatan Harapan making Local Council meetings OPEN to PUBLIC?

 23  Meetings of local authority to be public

All meetings of the local authority shall be open to the public and to representatives of the Press unless the local authority by resolution at the meeting otherwise decides:
Provided that this section shall not apply to any Committee of the local authority unless such Committee by resolution otherwise decides..



Who are the Councillors who are handing over 'formal complaint' in the picture - are there more than 12 Local Councillors there?

Why are they handing over 'formal complaint' - when it really is for the Local Council(Mayor plus 24 Councillors to decide) --- it is not the Council's employees to decide?

Look at page 1 of the Local Councillor's profile - I am shocked that there are Party Whips in the Local Council. Does that mean that the Local Councillors have no personal freedom to decide at Council meetings ...what is good for the people of the community? If there are 'Whips', then all Councillor's from the relevant political party has no choice but to vote as directed by the WHIP?




MAYOR : YANG BERHORMAT DATO' HAJI ADIB AZHARI BIN DAUD
SETIAUSAHA : PUAN AZURAWATI BINTI WAHID
WHIP PARTI PPBM : ENCIK HAFIZEE ADHA BIN NORZAMRI
WHIP PARTI DAP : PUAN NG SIAM LUANG
WHIP PARTI PKR : ENCIK CHOONG THONG YUEN
WHIP AMANAH : ENCIK MOHD. AZAM BIN MEKTAR





TIME FOR PEOPLE TO CHOSE THEIR LOCAL COUNCIL - ELECTIONS NOW..

UNTIL THEN - LET US MAKE ALL LOCAL COUNCIL MEETINGS OPEN TO THE PUBLIC 

LET US BE TRANSPARENT ABOUT DECISIONS - MINUTES(OR EXTRACTS) OF MINUTES SHOULD BE MADE PUBLIC...

ACCOUNTS - INCOME AND EXPENSITURE MUST BE REVEALED.. 

So many issues - but some Local Councillors only choose to highlight Ramadhan Bazaar issue 

Some relevant law:-




10  CouncillorsLOCAL GOVERNMENT ACT 1976
(1) The local authority shall consist of-
(a) the Mayor or President; and
(b) not less than eight and not more than twenty-four other Councillors,
to be appointed by the State Authority.

(2) Councillors of the local authority shall be appointed from amongst persons the majority of whom shall be persons ordinarily resident in the local authority area who in the opinion of the State Authority have wide experience in local government affairs or who have achieved distinction in any profession, commerce or industry, or are otherwise capable of representing the interest of their communities in the local authority area.

(3) The term of office of each Councillor shall not exceed three years.

(4) The seat of a Councillor shall become vacant in the event of his resignation being accepted, if he is disqualified under subsection 34(7) or if his appointment is revoked by the State Authority.

(5) On a vacancy occurring in the seat of a Councillor, the Mayor or President shall immediately notify the State Authority.

(6) A Councillor shall be eligible for reappointment upon the expiry of his term of office.

(7) If the Mayor or President does not agree with the other Councillors as to the exercise of any of his powers or of the powers of the local authority, he shall refer the matter to the Menteri Besar or Chief Minister of the State whose decision thereon shall be final and binding on the local authority.

(8) The Mayor or President may grant leave of absence to the Councillors for such period and upon such terms as the State Authority may determine.

(9) Each Councillor and any person appointed to any committee under section 28 shall be paid such salaries or may be paid such allowances as the State Authority may determine.



 9  Power of State Authority to issue directions(1) The State Authority may from time to time give the local authority directions of a general character, and not inconsistent with the provisions of this Act, on the policy to be followed in the exercise of the powers conferred and the duties imposed on the local authority by or under this Act in relation to matters which appear to the State Authority to affect the interests of the local authority area, and the local authority shall as soon as possible give effect to all such directions.
(2) The local authority shall furnish the State Authority with such returns, accounts and other information with respect to the property and activities of the local authority as the State Authority may from time to time require.






Iskandar Puteri City councillors give mayor till Raya to explain alleged abuse of power

Iskandar Puteri City councillors lodge a formal complaint at the council’s headquarters in Johor Baru May 26, 2019. — Bernama pic
Iskandar Puteri City councillors lodge a formal complaint at the council’s headquarters in Johor Baru May 26, 2019. — Bernama pic
JOHOR BARU, May 26 — Iskandar Puteri City Council (MBIP) councillors are giving Mayor Datuk Adib Azhari Daud until this Aidilfitri to explain allegations of power abuse over the Taman Nusantara Ramadan Bazaar, near Gelang Patah, licencing issue.

Councillors representative, Mohd Azam Mektar, who is also a councillor of Gelang Patah Zone 9, said Adib's move to overturn the decision of the MBIP Licensing Committee meeting, which he (Adib) chaired himself on April 18, is seen as an act of sabotage against MBIP councillors and the state government.

Mohd Azam went on to explain that in that April 18 Licensing Committee meeting, a decision was made to approve 100 Ramadan bazaar lots at the Jalan Nusaria 4/7 carpark in Taman Nusantara, a decision which was later endorsed on April 28.

“This particular area was a replacement to the original suggested area in Jalan 2/1, which drew protests from shop traders in the vicinity on the grounds that the bazaar activity would disrupt their business,” he said after the MBIP full board meeting, here today.

“However, MBIP's Licensing Department rejected the early applications from 47 traders to participate in the bazaar because the mayor wanted to amend the organising rights,” he added.

Following this, councillors from the affected zone took the initiative to discuss the matter with the mayor, who agreed to grant only 30 licences, despite the 100 agreed earlier in the April 18 licensing committee meeting.

Mohd Azam said councillors also received public complaints of a Ramadan bazaar operating without permits and licences on Jalan 2/1, which is the site of the earlier proposed site that later was shelved due to protests shopkeepers there.

He said the councillors are raising these allegations (abuse of power) because the mayor had failed to provide a proper explanation over the matter, which he added could be detrimental to his (mayor) credibility, and secondly to ensure these sort of situations do not recur. — Bernama



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