Local Government(Local Council) is very important - it determines what businesses can operate and the condition of operation. It determines approval of buildings and policies affecting the area of the local government. It decides on how much PARKING FEES, and property taxes that will be charged. Hence, the Mayor and Local Councillors must be democratically elected by the people within the area of the Local Council(Local Government)
The Local Government ENACTS its own LAWS, and also enforces it - as the recent case where a compound was recently issued to a woman for wearing indecent clothing an offence under 34(2)(b) Business and Industrial Trade By-Laws 2019, which is a law enacted by the Kota Baru Municipal Council (MPKB). The law is about how the owner and employees of business premises within the Kota Baru Municipal Council needs wear decent clothing.
Where is this law? A visit to the Kota Baru Municipal Council (MPKB) website - and we found that we could not find the law. There was only a listing of the Municipal Council laws - when actually the entire law should be on the website for all to see and know.
Local Government Development Minister Nga Kor Ming - Please ensure that all laws of particular Local Government are available in full in all Local government websites >>> It is only right that the people know these laws.
1 - The law is FAIR - as it is a condition imposed on owner and employees of business premises requiring them to wear decent(sopan) dressing. In fact the law sets a different dress code for Muslims and non-Muslims, where Muslims are required to wear clothing covering the 'aurat'...
2. What was WRONG was that these laws was enacted without the people of Kota Baru Municipal Council knowing - not enacted by democratically elected peoples' representatives of the Local Government - but by State appointed Councillors. People never had a chance to give input when the law was passed... they did not know the law as the LAW was no where to be found, when it should have been easily available of the Kota Baru Municipal Council's website. Same with other Local Council websites - what was the law on campsites ...remembering the Batang Kali campsite incident. MINISTER - at least ensure that all Local Government laws are available in full in all Local Council websites. Very UNJUST, when the Council Officers catch you and say you broke this or that law that I cannot even refer to in full.
3. Media and even others talked about a FINE - only the court after a person is found guilty can impose a FINE. I believe it was just a COMPOUND offer by the enforcement authorities, and as such, she can refuse to pay and then she may be charged in court. Why was Minister Nga also talking about 'FINE' - it will mislead the people as I do not believe she was charged in court, found guilty and fined. It was just a compound offer - which you do not have to pay if you believe you are not guilty. People must know their rights when it comes to COMPOUNDs - they must not wrongly take it to be a FINE.
Nga said the matter was resolved following a discussion between the ministry’s director-general and the Kelantan local authority. “The woman should not have paid the fine, as she may have been misled to do so. She wore shorts in her own shop, which sells shorts....
4. The law provides that Local Council meetings are OPEN to the public - but alas the Council can decide that meetings are held in 'secret' -closed to the public. Minister Nga can PUSH for all Local Council Meetings to be opened to the public...
5. HANSARD - In Parliament and even in State Legislative Assemblies, what happens in these meetings are all recorded and published as 'Hansards'. Thus, Minister NGA can ensure that all MINUTES of Local Council meetings are also made public immediately after the Local Council Meetings. Then, we can ALL know what each and every now State Appointed Local Councillor said and debated during these meetings, and whether the laws were passed unanimously or by a simple majority. At least, then the people will know who in Council need to be lobbied to change their position to be in line with what the people under that particular Local Government wants.
6. Minister Nga should push and bring back LOCAL COUNCIL ELECTIONS fast . It must be pointed out that the Federal Minister really have almost no power when it comes to individual Local Governments - this time the problem was resolved. Or was it - it seems that the woman paid the compound - so did the Kota Baru Municipal Council return the money, and then CANCEL the Compound offer? This is something we need to know...
MEDIA also have a duty to report correctly - it was not a FINE but merely a compound offer.
Non-Muslim Kelantanese woman fined for wearing shorts in public
KOTA BARU: Kota Baru Municipal Council (MPKB) has confirmed that a non-Muslim Kelatanese woman was issued a compound notice yesterday for wearing indecent clothing.
The 35-year-old woman who runs a clothing business, was issued with the compound during a check by the council's enforcement officers.
MPKB's president Rosnazli Amin said the officers went to the outlet which is located at Jalan Merbau about 11am.
"The non-muslim owner was found to have been wearing shorts at public places and for that, she was slapped with the compound," he said when contacted.
Rosnazli said the woman was found to have committed an offence under 34(2)(b) Business and Industrial Trade By-Laws 2019.
"This by-laws existed a long time ago and many locals, including non-muslims understand it," he added.
It is learnt that the woman was given seven days from the date the notice was issued, to settle the compound or face legal action.
It is also learnt that the woman's relative had uploaded the compound
notice on social media yesterday, sparking anger among netizens. - NST, 26/6/2023
Kota Baru council cancelled indecent dressing fine against non-Muslim woman, minister confirms
KUALA LUMPUR, July 1 — The Kota Baru Municipal Council (MPKB) has agreed to cancel the fine issued against a non-Muslim woman for indecent attire, Local Government Development Minister Nga Kor Ming said today.
According to The Star news portal, Nga said the matter was resolved following a discussion between the ministry’s director-general and the Kelantan local authority.
“The woman should not have paid the fine, as she may have been misled to do so. She wore shorts in her own shop, which sells shorts.
“If she cannot wear shorts, it means all her stock would have to be discarded, which does not make sense. (But) the issue is now settled,” he was quoted as saying.
Last Sunday, the council’s enforcement officers issued the fine to the 35-year-old woman who operates a clothing business during their inspection to the outlet along Jalan Merbau about 11am.
The woman was accused of indecent dressing in violation of the Business and Industrial Trade By-Laws 2019.
Today, Nga said local governments must understand the essence of the Federal Constitution when carrying out their duties.
“Malaysia is a multi-racial country and we need to respect each other. We respect the dress code but do not be too enthusiastic when enforcing the law.
“The matter should not have happened and we hope it will not recur,” he said. - MSN - Malay Mail, 1/7/2023
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