GEORGE TOWN: Penang remains committed to reinstating local government elections, although the final decision rests with the Federal Government as the matter falls outside the state’s jurisdiction, says Chief Minister Chow Kon Yeow.
"Penang has always championed the restoration of local government elections, to the extent of passing a motion in the state assembly and even bringing the matter to the Federal Court for a judicial review.
"The key requirement to reinstate local government elections was an amendment to Section 10 of the Local Government Act to change the current system of appointing local councillors to one based on elections.
"That is clearly what must be done to restore local government elections and this falls under federal jurisdiction," he said during a press conference in Komtar on Tuesday (Feb 3).
He stressed that states had no authority to amend federal legislation governing local government elections and any amendment to the Act would require approval by a simple majority in Parliament.
"We are in agreement, but this is already beyond the powers of the state.
"We do not have the authority to amend an enactment on elections because this power lies under the Local Government Act, which is a federal law,” he said.
Chow explained that while local councils were currently filled through appointments by state governments, this was not the same as direct elections.
"At the moment, we fill the local councils with councillors through appointments, not direct elections," he said.
In 2012, the Penang state assembly had passed the Local Government Elections Enactment to hold council elections for the then Penang Municipal Council (MPPP) and the Seberang Perai Municipal Council (MPSP).
However, the Local Government Elections Enactment 2012 was later declared “ultra vires” by the Federal Court following its rejection by the Federal Government several years ago.
Recently, Minister in the Prime Minister’s Department (Federal Territories) Hannah Yeoh had announced that a feasibility study will be carried out into possible elections for the Kuala Lumpur mayor post.
She said that such an election was considered more practical than electing many city council members through local elections.
The plan has drawn flak from various political figures and parties, with some strongly criticising the move and urging opposition to it while other groups have also voiced concerns about the proposal.
