THE Cabinet has directed the Federal Territories Department (JWP) to strengthen governance and accountability within Kuala Lumpur City Hall (DBKL) before considering amendments to the Federal Capital Act 1960.
In a media statement from Minister in the Prime Minister’s Department (Federal Territories) Hannah Yeoh, the directive came after JWP presented to the Cabinet a feasibility study on the proposed amendments to the Act, also known as Act 190.
The four-month study, conducted from Dec 1 last year to March 31 by International Islamic University Malaysia (IIUM), included engagement sessions with Kuala Lumpur MPs and DBKL’s management.
It examined DBKL’s administrative structure, decision-making processes, service delivery, enforcement, accountability and the need for institutional reforms.
The study also considered two earlier proposals to change the way Kuala Lumpur was being administered.
The Policy Advisory Committee to the Prime Minister had proposed changing the legal structure of the Kuala Lumpur mayor’s office, through the establishment of a Supreme Council.
Yeoh said JWP and DBKL were drawing up a transformation plan to improve decision-making, checks and balances and the overall management of the city authority.
She added that the Cabinet would be updated periodically on the progress of the reforms.
Separately, several Kuala Lumpur MPs had proposed a Kuala Lumpur City Council comprising the city’s seven MPs to advise the mayor.
However, the IIUM study stated that a councillor system should not be introduced into DBKL’s administration.
It said that adding another layer to the decision-making process could result in overlapping responsibilities and make it less clear who should be held accountable.
The study concluded that many of DBKL’s current administrative problems were not directly caused by weaknesses in the law.
Instead, it said, they were linked to the absence of clear internal guidelines, operating procedures and proper rules governing meetings and decision-making.
It recommended strengthening DBKL’s existing Advisory Board rather than creating a new administrative body.
The study recommended that a governance framework be introduced to set out the criteria and quotas for professionals and non-governmental organisation representatives appointed to the Advisory Board.
"The framework should also cover meeting procedures, the presentation and consideration of proposals, reporting requirements and the working relationship between the board, mayor, Federal Territories minister and DBKL management."
The study also recommended giving Kuala Lumpur MPs a stronger role in monitoring DBKL and representing the concerns of city residents.
"However, MPs should not be given direct administrative powers or formal appointment powers that could blur the distinction between political representation and city administration.
"Their involvement could be strengthened through regular consultation meetings, monitoring committees, budget reviews and formal channels for raising residents’ concerns and development matters with DBKL and the Minister.
"The scope, frequency and reporting requirements for these meetings should also be clearly set out," the study stated.
Under Section 5(1) of Act 190, Kuala Lumpur is administered by the mayor as a “corporation sole”, meaning that legal authority is vested in the office of the mayor rather than in a council with executive or voting powers.
The study warned that introducing councillors with such powers could change Kuala Lumpur into a conventional local authority governed under the Local Government Act 1976.
It said this could be inconsistent with the original purpose of Act 190 and the 1974 agreement under which Kuala Lumpur was transferred to the Federal Government.
The study concluded that amendments to Act 190 required careful consideration because they involved Kuala Lumpur’s position as both the national capital and a Federal Territory.
It recommended that improvements be introduced first through administrative measures such as internal directives, guidelines, operating procedures and better coordination within DBKL.
