LOCAL GOVERNMENT ELECTION IN MALAYSIA : THE PRACTICE OF GOOD URBAN GOVERNANCE?

In Malaysia, the former deputy minister in the Prime Minister’s department, Datuk M. Kayveas, caused a furore recently when he called local authorities "secret societies" because of the lack of transparency and accountability, highlighted by public concern over mismanagement, wastage of public funds on overseas junkets under the pretext of study tours, approvals for deforestation of land causing untold damage to the environment, lack of enforcement, bribery and corruption in local townships.

The Malaysian public simply does not know how the authority is administered and the quality of services which are either not forthcoming or are ill-performed. The local authorities are a law unto themselves. Reference was made in the Dewan Rakyat (Malaysia’s lower house of parliament) at its October session to the former Prime Minister's acknowledgment that corruption was widespread at all levels of government. Bribery and corruption have become a way of life since local elections were abolished in 1970. Since then, councillors of the local authorities are appointed by the the chief minister. Names are submitted by political parties for consideration and present day councillors cannot therefore be regarded as truly independent. The short sighted move to abolish local elections in 1970 means that councillors will not be responsible to their electorate but only to the people who appoint them.

The reason for this move was prompted by the eruption of racial riots in the aftermath of the 1969 elections, giving rise to the perception that party politics if allowed to continue as the basis of local government would be against the national interest as the government was anxious to prevent the spread of further outbreaks of violence elsewhere. This perception has held sway ever since; the ensuing results of appointing councillors leads us to wonder if this is not the time to restore local council elections since the reason for their abolition is now a matter of history. Few people remember that a Royal Commission of Inquiry had been set up in June 1965 "to inquire into the workings of all local authorities, to review the existing local government laws and to report and recommend as to the need for structural changes of local authorities by evaluating the need or otherwise of the existing authorities in their present form.

"This did not touch on the system of elective representation itself. The chairman of the Royal Commission was Senator Datuk Athi Nahappan. The Royal Commission officially submitted its report through the Minister for Local Government and Housing in January 1969, before the occurrence of the racial riots in May 1969.The commission in its report concluded that, in general, the various categories of local authorities "do serve a useful purpose, being the agencies providing some of the essential services to the people and that they have an important role to play in the governmental process of the country as a whole." It was accepted that local council elections should remain. However, the commission indicated that due to certain inherent weaknesses in the existing local government set-up, some basic reforms must be carried out in the overall pattern of the local government system if the local authorities are to be expected to play their role more effectively and efficiently in the future.

This was a committee of officials from relevant ministries, whose terms of reference were limited to studying the report and to consider the financial, administrative, staffing and other implications of the recommendations made therein; the effect of their implementation on federal and state governments if considered for adoption; and their observations and recommendations on the question of implementation. Here again it was accepted that the present system of elected representation should remain. Because of the May 1969 riots, the committee could start their work only in July 1969. This committee submitted its report in January 1971. It recognised that under their terms of reference, they had to accept the "concept expounded in the report and as well as the concept of having local government covering every inch of the country" and kept to their brief of making proposals and recommendations on the implications of implementation.

The committee itself recommended in Chapter 12 of its report that "every state capital in West Malaysia should be administered by a local authority; and that it should have elected representation, which principle should also be extended to all local authorities outside the state capitals". Be it noted that this was the view of the majority of the committee.On elected representation the committee had this to say "We studied in considerable depth the views of the commission on the question of party politics being allowed to continue despite its good and bad aspects. "On the one hand one cannot deny that party politics at the present stage of the country's political maturity can be a divisive force and if permitted at local government level may hamper or create partiality in the provision of social services in local authority areas.

On the other hand, we cannot run away from the fact that party politics at local government level will have to be accepted as a way of life sooner or later and it is best faced sooner than later if the process of developing social and democratic advancement is to be encouraged at grass-root level. We agree with the commission's recommendation that party politics should be allowed to continue despite its good and bad aspects and those who wish to stress their faith in non-conformism should have the right to stand as ‘independent" as in the past'." Nevertheless, two of the seven members of the committee, namely the representative of the Bahagian Kemajuan Pentadbiran (Development Administration Unit, DAU) and the representative of the Town and Country Planning Department dissented from the majority view. DAU in its dissenting memorandum was inclined to disagree that all local government units should function on the basis of party politics "at the present time".

It is interesting to note that this did not rule out elected representation altogether. It went on to say that the recommended local government system based on partisan democracy appeared to provide for an "over-democratised over-government". The following excerpt from the memorandum shows the real reasoning behind its rejection of elected representation. The DAU (then) was haunted by events of May 1969.It said: Malaysia is still subjected to external threat as well as a relentless attempt to subvert the normal functioning of the governmental system by undesirable elements. A partisan, democratic system of local government, recommended by the Royal Commission, appears to provide for the establishment of a convenient channel for effective subversion and/or infiltration by the said elements with the real possibility of resulting in internal political instability and socio-economic non-development.

In view of what happened on 13 May 1969 the government has to consider whether it is in the national interest to reintroduce democracy at a level of government below those of the state and federal at the present time. These views can now be challenged in view of the fact that the reasons behind them are now irrelevant. Secondly, they do not preclude a fresh or another review at the Royal Commission's proposals on the question of restoring elected representation at the local level.In this connection I would like to inject a further note. In 2001, a Cabinet Committee on Urban Poverty was established. In April, the Ministry of Housing and local Government was given the responsibility to eradicate urban poverty.It was reported in that the minister was enthusiastic about the new responsibility. However, to achieve this objective, the ministry has to depend on the local authorities, to which such an objective is not a priority.

It is well-known that the ministry's initiatives for clean drains, clean toilets, recycling and clean cities go unheeded and even MPs have been portrayed as lending a hand at clearing up in areas where their constituents live. With the reintroduction of local elections, this will be the responsibility of local councillors who will have to answer to their electorate for their actions, inactions and other shortcomings.

sources : Edited from The Sun Newspaper by P G Lim, February 2006 "Elected local government should be considered again by Malaysia" to suit with my research question.

THE CHALLENGES FACING AN URBAN WORLD by Mark Kinver Science and Nature Reporter, BBC News

THE WORLD IS FAST APPROACHING THE POINT WHERE THE MAJORITY OF THE HUMAN POPULATION WILL BE FOUND IN URBAN AREAS.

Somewhere, sometime in 2007, someone migrating from their rural home to begin a new life in a town or city will tip the global rural/urban balance, the UN estimates. Throughout history, the world has experienced urbanisation but the huge rise in the number of people making their homes in towns and cities is a recent phenomenon. In 1950, less than one-in-three people lived in urban areas. The world had just two so-called "megacities" with populations in excess of 10 million: New York and Tokyo. Today, there are at least 20. Greater Tokyo, the world's biggest city, has expanded from 13 million residents in 1950, to today's figure of 35 million. The United Nations estimates that about 180,000 people are being added to the urban population every day. This means the world's urban infrastructure has to absorb the equivalent of the population of two Toykos each year.

North America and Europe's urban areas already account for about 70-80% of the regions' populations, and these are expected to stabilise at these levels. Developing nations are shouldering the vast majority of this burden, leaving them struggling to cope with the huge influx of people into urban areas. Some cities' populations are 40 times larger than what they were in 1950. In the traditional model of urbanisation, which North America and Europe experienced during the Victorian era, people were pushed away from the countryside by the mechanisation of agriculture, and pulled towards urban areas by the offer of jobs and wages.

'Premature urbanisation'

Sub-Saharan Africa, which has the world's highest rate of urban migration, is not following this pattern. The size of its cities bears no resemblance to their economic wealth and are experiencing what the UN's human settlements agency, UN-Habitat, calls "premature urbanisation". The agricultural sector is not flourishing and urban areas are not generating economic growth but failing crops, natural disasters and conflicts are forcing people to flood into towns and cities. Currently, about 36% of Africa's population lives in urban areas but the continent is experiencing urbanisation rates twice as high as those seen during the West's industrial revolution. It is predicted that Africa will be an urban continent by 2030. Because the urban areas are economically stagnant or in recession, local authorities do not have the money or expertise to provide services such as access to water, housing, education and healthcare.

As a result, 70% of Africa's urban population find themselves living in slums. Africa is not alone. An estimated one billion people in Latin America, Asia, as well as Africa, live in slums or informal settlements that are not legally recognized. Without any intervention, this number could double by 2020. In Asia, China's urbanisation has followed the traditional drivers experienced by the West. Its industrial revolution is the most rapid the world has seen, and the Chinese government says it has helped lift more than 200 million people out of poverty. Millions of people migrated from rural to urban areas to fill the jobs generated by the economic explosion. Not everyone sees it that way. Anti-poverty campaigners say many workers receive low wages and live in poor conditions. An estimated 200,000 people each year move to slums on the southern outskirts of the capital, Beijing.

Seeking solutions

Although China's large-scale poverty reduction strategy could act as a framework for others to adopt, not all regions have the export markets and trade links that South East Asia enjoys. UN-Habitat says the "urbanisation of poverty" has been overlooked. Traditionally, Western aid agencies have focused their efforts on the impact of floods, droughts and conflicts affecting rural dwellers. In an effort to focus attention on the problem, the UN Millennium Declaration set the target of significantly improving the quality of life for 100 million slum dwellers by 2020. The UK government's Commission for Africa said that the international community had to work together to tackle the urban poverty gripping the continent. The commission's concluding report warned: "These slums are filled with an increasingly youthful population, unemployed and disaffected.

Africa's cities are becoming a powder keg of potential instability and discontent." More than 10,000 delegates are expected to attend the third World Urban Forum, being held later this month in Vancouver, Canada. The two-yearly meeting, organised by UN-Habitat, is viewed as a chance to share experiences and knowledge, and aims to forge partnerships that will help deliver the goal of balancing urbanisation with a city's ability to absorb new inhabitants. The delegates are aware of the growing sense of urgency of the challenge ahead because the next time they gather, they are likely to meet in an urban world.

Cities in the developing world are growing too fast for their governments to keep up - MaxRandor, London, UK

MALAYSIA'S CITIES : GOOD URBAN GOVERNANCE + GOOD URBAN MANAGEMENT = GLOBALIZATION CITIES ?

Vision 2020 targets Malaysia to be developed nation economically, socially, politically and spiritually by year 2020. The manifestation and aspiration of Vision 2020 sets the framework for which development is to be steered. The nation is now in its second phase of development towards achieving the Vision. Rapid globalisation, progression in science and technology and the need to capitalise on knowledge-based economy requires the country to have a strong foundation in order to be competitive with other nations. In this context, the direction of development has to be planned and managed systematically and comprehensively to induce the country’s capacity to compete globally. The urban sector is an important catalyst towards national economic growth and a vital investment centre for the nation.

Apart from being a centre for social and recreation, urban sector plays an important role in attracting local and foreign investors in economic activities. Therefore, a township must be able to provide a good and competitive environment, complemented with all forms of activities within its territory. Peninsular Malaysia is expected to experience a rapid process of urbanisation by year 2020, with a majority of the population being urbanized. The increase in population means additional space is required for housing, public amenities and infrastructure. Hence, development to be carried out should be able to bring a good return whilst priority being given to environmental protection, through a balanced and optimal use of national resources.

Urbanisation issues being emphasized by the government, among other, are urban poverty the rising crime rate, solid waste disposal, housing for the poor, environmental protection, pollution etc. These issues need to be tackled holistically to ensure the role of urban centre as the engine of economic growth will be continuously maintained and enhanced. Cities need to be governed efficiently and effectively to promote a sustainable and conducive environment as a place of work and living. At the same time, the uniqueness of town should also the preserved to maintain its image and distinct identity.

Malaysia has successfully applied economic planning to guide the development of the country from an economy of agriculture and mining to a largely industrialised one. Now, with its sights set on attaining the economic level of a fully developed nation by 2020, the planning system must be made even more efficient and focused. It must ensure that every investment made in the country, whether public or private, yields not only a maximum returns but must directly contribute towards creating the desirable objective of a strong, modern, internationally competitive, technologically advanced, post-industrial economy. The country must focus on securing a credible share of the lead sectors of the globalised economy. It must make itself fit and conducive to these sectors. The country must also be fully aware of the enormous competition it faces in a region with rapidly expanding and modernising economies, all contending for the same pool of potential international investments.

The vision for ‘Kuala Lumpur - A World Class City’, encapsulates the ambition of Kuala Lumpur Structure Plan 2020 (KLSP2020) to make Kuala Lumpur a city that will assume a major global and sub-global role for the benefits of all its communities, workers, visitors and investors. The KLSP emphasizes that the vision and goals of Kuala Lumpur has been formulated with the aims of creating a sustainable city with City Hall ensuring that the planning for Kuala Lumpur will strike a balance between physical, economic, social and environmental development.

It may appear logical to expect that only one large centre would have emerged in a small country like Peninsular Malaysia while other centres would have declined. However, Malaysia is fortunate in that a strong urban hierarchy had already been developed over many years in the colonial and post-colonial eras and this hierarchy, with strong local groups of entrepreneurs, continues to provide a sustainable geographical base for further industrialisation and economic modernisation. A pattern of polycentric interdependent urban centres has emerged with the Kuala Lumpur conurbation being the ‘advanced’ city supported by the George Town and Johor Bahru conurbations.

KLANG VALLEY 2 : SUSTAINABILITY OR COMPETITIVENESS?

The scenario and excess development from the Klang Valley, comprising the four districts in Selangor, that is, Petaling, Gombak, Hulu Langat and Wilayah Persekutuan, have led to development pressure in the south of Selangor, comprising the districts of Sepang and Kuala Langat. These two districts therefore may be combined form the Klang Valley 2 Region, if the development of the area is planned early and implemented in stages, taking into account Environmentally Sensitive Areas, the sustainable development concept, the potential in the Multimedia Super Corridor and the overspill of development from Putrajaya. The spatial development concept, based on the “Multiple Strands Development Corridor” shows that the intensive and comprehensive development which occurred during the 8th MP, will continue in the 9th MP. The intensive development is due to the State Government’s decision that the high rate of economic growth must be maintained in Selangor in an effort to make the state developed and advanced.

The Klang Valley 2 Region Project is the State Government’s alternative to support the increasingly rapid development in the city. It covers the area of Sepang and Kuala Langat, and the existence of this project will indirectly lead to development of the rural areas as well as reducing the density of city population, which resulted from increasingly rapid and expanding development.Within this timeframe, the State Government has no intention of developing new townships other than the Klang Valley 2, concentrating on the Morib-Kelanang Coastal area, Sepang Gold Coast, and the Kuala Langat Flood Mitigation Project. In addition, the State Government will cooperate with the Federal Government to increase the development potential in the Multimedia Super Corridor area and to exploit the potential arising from the excess development of KLIA and Cyberjaya in the Klang Valley 2. In the National Physical Plan, the Klang Valley 2 Region has been identified as part of the National Growth Conurbation or the Kuala Lumpur Conurbation which is proposed to be the National Growth Zone.

The Conurbation covers an area of 504,000 hectare including the corridor from the Kuala Lumpur, Putrajaya, Shah Alam, Klang, Nilai, Seremban, and Kuala Selangor to Port Dickson.With an area of 142 thousand hectare, the Klang Valley 2 Region represents around one fourth of the Kuala Lumpur Conurbation and from this, 65% has been categorised as suitable for development. In this context, the Klang Valley 2 Region will play an important rolein generating economic development and distributing its benefits to the surrounding areas, by strengthening the intra and inter-regional economic network, and the development of skilled and high quality human resources, appropriate with the economic activities which are directly or indirectly generated.

Realising the importance of the Klang Valley 2 Region in its future development, the Selangor State Government has given special attention to synchronised all types of appropriate development without any subsequent negative effects. In relation thereto, the State Government on the 19th July 2005 had in principle considered and agreed to implement the proposal of the Klang Valley 2 Region, which covers the districts of Sepang and Kuala Langat, to be carried out by the administration of the State Government.

The Districts of Klang Valley 2 Region are governed by two Local Authorities, being:

· The Sepang Municipal Council for the district of Sepang

· The Kuala Langat District Council for the district of Kuala

The Klang Valley 2 Region covers two areas in the south of Selangor, which are the districts of Sepang and Kuala Langat. Both these districts have been directly affected by the excess development in Kuala Lumpur and Klang and are the focus of investment. The implementation of mega projects both within and around the area, such as the Multimedia Super Corridor (MSC), the Federal Administration Centre in Putrajaya, Cyberjaya, KLIA and others have made the planning of the Klang Valley 2 Region critical in the context of the future of the state of Selangor and the country. This is because these two affected districts will be the new areas for the expansion of the present Kuala Lumpur Metropolitan Region- Klang Valley. The existence of sophisticated infrastructure in MSC and KLIA has provided new strength to these areas to develop and compete.

SUSTAINABILITY CITY vs COMPETITIVENESS OF CITY

Malaysia has successfully applied economic planning to guide the development of the country from an economy of agriculture and mining to a largely industrialised one. Now, with its sights set on attaining the economic level of a fully developed nation by 2020, the planning system must be made even more efficient and focused. It must ensure that every investment made in the country, whether public or private, yields not only a maximum returns but must directly contribute towards creating the desirable objective of a strong, modern, internationally competitive, technologically advanced, post-industrial economy. The country must focus on securing a credible share of the lead sectors of the globalised economy. It must make itself fit and conducive to these sectors. The country must also be fully aware of the enormous competition it faces in a region with rapidly expanding and modernising economies, all contending for the same pool of potential international investments.

The vision for ‘Kuala Lumpur - A World Class City’, encapsulates the ambition of Kuala Lumpur Structure Plan 2020 (KLSP2020) to make Kuala Lumpur a city that will assume a major global and sub-global role for the benefits of all its communities, workers, visitors and investors. The KLSP emphasizes that the vision and goals of Kuala Lumpur has been formulated with the aims of creating a sustainable city with City Hall ensuring that the planning for Kuala Lumpur will strike a balance between physical, economic, social and environmental development. It may appear logical to expect that only one large centre would have emerged in a small country like Peninsular Malaysia while other centres would have declined. However, Malaysia is fortunate in that a strong urban hierarchy had already been developed over many years in the colonial and post-colonial eras and this hierarchy, with strong local groups of entrepreneurs, continues to provide a sustainable geographical base for further industrialisation and economic modernisation.

A pattern of polycentric interdependent urban centres has emerged with the Kuala Lumpur conurbation being the ‘advanced’ city supported by the George Town and Johor Bahru conurbations. Rapid globalisation, progression in science and technology and the need to capitalise on knowledge-based economy requires the country to have a strong foundation in order to be competitive with other nations. In this context, the direction of development has to be planned and managed systematically and comprehensively to induce the country’s capacity to compete globally. The urban sector is an important catalyst towards national economic growth and a vital investment centre for the nation. Good urban governance is characterized by sustainability, subsidiarity, equity, efficiency, transparency and accountability, civic engagement and citizenship, and security.

Many challenges faces the city of Kuala Lumpur in this new millennium, transformation of Kuala Lumpur into a world class city and sustainability city will certainly involve concerted efforts by all parties involved. In line with this, the importance of governance and good governance is eminent in administration of developing city like Kuala Lumpur. The task to turn Kuala Lumpur to be amongst the world cities is certainly a difficult one and there are series of programmes and initiatives that has to be carried out by City Hall Kuala Lumpur, being the city manager. As described above, city competitiveness is harnessed through ‘city marketing and city management’. Both strategies are achievable through the process of good governance which integrates all sectors including public, private and other social organisations. In city marketing, a city promotes its buildings, physical infrastructure and development to enhance its image. Good urban governance is also fundamental issue in development. High technology and high skilled industries, together with finance, transportation, tourism, business, information and professional services shopping and other commercial activities, are the principal components of the nation’s economy, which must be developed to a level well beyond where it is now. In this respect, Kuala Lumpur being the premier city must play the leading role.

THE CLASSICAL THEORY OF LOCAL GOVERNMENT

Almost a month I did not write in my blog because I am busy preparing working paper for 5th International Conference on Sustainable Human and Social Development, updated my thesis proposal and assist my sons for their mid term exam. While I am preparing my thesis proposal on urban governance, I read two books on history of local government. The purpose I read these books, we should study on local government before we look further on good urban governance. The classical theory of local government based on the books of The Six Books of the Commonwealth by Jean Bodin in 1576 and The Spirit of Laws by Baron de Montesquieu in 1748.

The Six Books of the Commonwealth

In the earlier part of the Six books of the Commonwealth when he is discussing the commonwealth as such, he not infrequently uses the term 'natural justice', without however explaining what he meant by it. The context generally suggests however that he meant respect for the rights of the subject to his liberty and property. In this last chapter on the other hand it is political justice and not natural that he is talking about. He had noticed the difference when he observed that Plato thought of justice as a philosopher and not as a jurist. In this last chapter Bodin is speaking as a jurist. He defines it in legal terms, as the principle upon which rewards and punishments are distributed in the commonwealth, that is to say the working of the criminal law, and the administration. But whereas natural justice is presumably in his view constant and universal, here the proper order of justice is relative to the type of commonwealth.

Commutative justice, or the strictly equal distribution of honours and penalties preserves a democracy but would destroy an aristocracy. Conversely distributive justice, or award in accordance with the quality of persons, safeguards an aristocracy but would corrupt a democracy. In a monarchy where a more elastic social system is possible than in either of the other two types, since in it classes are at once distinguished and yet not mutually exclusive, harmonic justice is the appropriate form since by it honours are given not in accordance with the status of persons, but with their particular suitability.

The Spirit of Laws

Montesquieu spent nearly twenty years researching and writing De l'esprit des lois (The Spirit of the Laws), covering a wide range of topics in politics, the law, sociology, and anthropology and providing more than 3,000 citations. In this political treatise Montesquieu advocates constitutionalism and the separation of powers, the abolition of slavery, the preservation of civil liberties and the rule of law, and the idea that political and legal institutions ought to reflect the social and geographical character of each particular community.

In its classification of kinds of political systems, Montesquieu defines three main kinds: republican, monarchicl, and despotic. As he classifies them, Republican political systems vary depending on how broadly they extend citizenship rights -- those that extend citizenship relatively broadly are termed democratic republics, while those that restrict citizenship more narrowly are termed aristocratic republics. The distinction between monarchy and despotism hinges on whether or not "intermediate powers" (such as the nobility, the clergy, etc.) exist that can restrain the authority of the ruler: if so, the regime counts as a monarchy; if not, it counts as a despotism.

Driving each classification of political system, according to Montesquieu, must be what he calls a "principle". This principle acts as a spring or motor to motivate behavior on the part of the citizens in ways that will tend to support that regime and make it function smoothly. For democracies (and to a somewhat lesser extent - for republics), this spring is the love of virtue -- the willingness to put the interests of the community ahead of private interests. For monarchies, the spring is the love of honor -- the desire to attain greater rank and privilege. Finally, for despotisms, the spring is the fear of the ruler. A political system cannot last if its appropriate principle is lacking. Montesquieu claims, for example, that the English failed to establish a republic after the Civil War (1642–1651) because the society lacked the (democratic) requisite: the love of virtue.