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Local Government Counts: Facilitating and Enhancing Local
Government’s Performance in Community and Service Delivery
Loo-See Beh(University of Malaya)Siew-Nooi Phang(Sunway University)
Malaysia is a Federation and has three tiers of Governments
• Federal – Sovereign NationalParliamentary democracy; headed by a
constitutional monarchExecutive Branch headed by the Prime
Minister • State – Quasi-sovereign
13 states; nine states each has a hereditary ruler and the remaining 4 each has a Governor
Executive branch headed by Chief Minister • Local – Infra-sovereign
4 major types: city hall, city council, municipal & district councils
Headed by an appointed Chief/President/Chairman with 24 Councillors
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Government Structure in MalaysiaKing
Ministry of Housing & Local Government
Parliament
Cabinet
Prime Minister’s Department
Other Ministries
Department of Local Government
State Government
National Council for Local Government
Members1 Chairman
10 Federal Reps11 State Reps1 Sabah Rep
1 Sarawak Rep
State Development Agencies
Municipal Council District CouncilCity Hall City Council
Levels of Government
Federal
State Level
Local/District Level
Indicators:
Power & Control;
National Council Members for Local Government
Advice;
Summary of Federal Functions
External affairs Medicine & health
Defence Labour & Social Security
Internal Security Welfare of aborigines
Civil & criminal law, & administration of justice
Federal holiday; standard of time
Federal Citizenship & naturalisation; aliens Professional licensing
Federal govt. machinery Unincorporated societies
Finance Agricultural pest control
Trade, commerce & industry Prevention & extinguishment of fire
Shipping, navigation & fisheries Publications
Communications & transport Censorship
Federal works & power Theatres & cinemas
Surveys, inquiries & research purpose Co-operative societies
Education
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Summary of State & Shared FunctionsState Functions Shared Functions
Muslim laws & custom Social welfare
Land Scholarship
Agriculture & forestry Protection of wild animals & birds; national parks
Local government Animal husbandry
Local public services; boarding houses, burial grounds, pounds & cattle trespass, markets & fairs, licensing of theatres & cinemas
Rehabilitation of mining land & land which has suffered soil erosion
State works & water Vagrancy & itinerant hawkers
State government machinery Public Health
State holidays Drainage and irrigation
Inquiries for state Town & country planning
Creation of offences & indemnities related to state matters
Fire safety measures
Turtle & riverine fishery Cultural and sports, housing
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Supplementary List:Additional Shared Functions for Sabah & Sarawak
Supplementary List for Sabah & Sarawak
Additional Shared Functions for Sabah & Sarawak
Native law and customs Personal law
Incorporation of State authorities and other bodies
Adulteration of foodstuff and other goods
Ports and harbours other than those declared Federal
Shipping under fifteen tons
Cadastral land surveys Water power
In Sabah, the Sabah Railway Agriculture and forestry research
Charities and charitable trusts
Theatres, cinemas & places of amusement
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In Peninsular Malaysia, all Local Authorities operate under uniform laws enacted by Parliament under clause (4) Article 76 Federal Constitution: Local Government Act, 1976 (Act 171) Street, Drainage and Building Act, 1974 (Act 133) Town and Country Planning Act, 1976 (Act 172)
However the City Hall of Kuala Lumpur also uses: Federal Capital Act, 1960 (Revised 1977) (Act 190) City of Kuala Lumpur (Planning) Act, 1982 (instead of
Act 172)
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Local Government Laws in Malaysia
continue…
In Sabah all Local Authorities operate under:Local Authority Ordinance, 1961Town and Country Planning, 1969 (Cap
141)
In Sarawak, 3 Ordinances:Local Authority Ordinance, 1996 (Cap 20)
Kuching Municipal Ordinance, 1988 (modification of Cap 116/1948)
City of Kuching North Ordinance, 19888
Cont…
Under the Federal Constitution, local government is a subject of the State Government.
A Local Authority is subordinated to the State Government and is subjected to its supervision
Under the Local Government Act 1976, the State Authority: In consultation with the Minister (charged with
Local Government), has powers to declare and determine the status of a Local Authority and to delineate the Local Authority boundaries
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Relationship between Local & State Government
continue…
Appoints the Councillors, the Mayor or President and the Secretary
Approves the annual and supplementary budget and any proposals to raise loans and local taxes
Can issue directions of a general nature on the policy to be followed in relation to matters affecting the interests of the Local Authority areas
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Cont…
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Number of Local Authorities in Malaysia, 2011
Type of Local Authority
Peninsular Malaysia Sabah Sarawak Total
City Hall 1 1 1 3
City Council 7 0 2 9
Municipal Council 34 2 2 38
District Council 57 21 21 99
Town Board - 1 - 1
Total 99 25 26 150
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Governments are experiencing increasing expectations for political, social and economic transformation from within and outside.
All governments which are to remain functionally and politically relevant need to improve the capacity of their institutions and service delivery.
Administrative Reforms – Community and Service Delivery
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The legitimacy of a government requires it to meet the demands of the citizenry.
To bolster its ability to “deliver” governments need to stress on continuous reforms to better their image and status quo.
Administrative Reforms, cont.
“Can be defined as some of the ways through which individuals and institutions (public and private) plan and manage their common affairs. It is a continuing process that may either lead to conflict or to mutually beneficial cooperative actions. It includes formal institution and informal arrangements as well as the social capital of citizens.”
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Governance at City level
Better quality of life for allA betterment of the human condition
overallLeverages on sustainable and
knowledge based developmentMaking cities more efficient,
equitable, safer and sustainable
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Goal Destination of Good Governance & Performance
Relevance as an efficient service provider Demands from community:Perception Gap Revenue administration Capacity building & Carrying capacity Community participation & LA 21 Good governance
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Issues & Challenges Confronting Local Government’s Performance
Lack of awareness, information and lines of communication
Limited extent of citizens involvement in the local community
Government responsiveness to its citizens – difficulty in managing change
Key Barriers to Community Participation
Administrative rigidity – internalisation of top-down approach
Emergence of re-centralisation – inability to re-orientate to the needs for greater decentralisation and empowerment
Cont…
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Uniqueness of Malaysia’s local government situation; e.g. absence of local elections;
Skewed financial allocation; Delegation of burdensome services with
“add on” services, further weakening local government;
Re-centralisation and “formal harmony and informal discord”;
Local Government and the Need for Change and Obstacles to Change
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Historically federal-state-local relations had been eventful;
Community awareness and participation – the global citizen;
Local Government Act (Act 171) – implementation was an effort at reforming LG, but rendered LG weaker. Review of Act 171 in consonance with re-positioning LG in line with the nation’s transformation programme.
Local Government and the Need for Change and Obstacles to Change, cont.
