LOCAL GOVERNMENT AND URBAN GOVERNANCE

EMA 754

Presented by:Nor Aisyah bt M.

Taifor (2008261088)

Prepared for:Dr Hardev Kaur

QUESTION 3

The role and fate of local government in developing countries cannot be isolated

from the larger topic of political and economic development.

Discuss.

Introduction

• Local government is the lowest level in the system of government after federal government and state government

• Operates within a framework of its area - where it is politically and economically responsible within its own territory

• Its function and existence seen as an essential system of administration to govern diverse society

- closest to the society better informed than central government about local needs, more sensitive with the citizens

- contribute and support national economic development medium for delivering national policy

• It should be seen as ground of grass roots bureaucracy - medium where local citizens play an active participation in ensuring good

governance

• Its aim is to achieve for good urban governance – decentralization – freedom of action and financial independence – autonomy and power

‘Classic model’ of local government

• A local body should exist which was constitutionally separate from government, and was responsible for a significant range of local services

• It should have its own treasury, a separate budget and accounts, and its own taxes to produce a substantial part of its revenue

• It should have its own qualified staff, with hire and fire powers over them

• Decision making on policy and internal procedure was to be in the hands of a majority-elected council

• The central government administrators were to be external advisors and inspectors, having no role within the local authority

(Mawhood 1987:12)

Towards achieving good urban governance

for Local Government - Decentralisation • Decentralisation – process of transferring power of national /

central government to local government

• 3 type of decentralisation - political decision making power - administrative offices and infrastructure - fiscal transferred of financial resources

• Autonomy and powers - shape local policies, provide services more efficiently - flexible in making critical decisions relating to local issues

• Improve efficiency on resources allocation - prioritize local development project - avoid corruption and mismanagement of public resources

Decentralisation pitfalls

• Can lead to increase level of corruption – malpractice

• The councillor may bias in carry out his duty – tendency to focus on their proponent but ignore the opponent

• Lead to certain degree of inequity / unfairness

• Not a guarantee of better urban governance

• Therefore, successful in achieving better urban governance depends on the initiative undertaken by the local government to take the opportunity from the autonomy and power they have

- more efficient in delivering service to the citizen - not necessarily by having decentralisation policy

Local Government in Malaysia

• Royal Commission of Inquiry 1965 – Nahappan Report – propose for the restoration of elected local government with some basic reform so that local authorities can play their role more effectively and efficiently in the future

• Establish under Local Government Act 1976 (Act 171) - governs the power and responsibilities of local authorities,

control of public places, air pollution, operations of markets, sanitations and nuisance

• Others: Drain, Road and Building Act 1974 (Act 133) Town and Rural Planning Act 1976 (Act 172)

• 3 type: - City Hall / City Council (Shah Alam City Council) - Municipal Council (Ampang Jaya Municipal Council) - District Council (Sepang District Council)

Selangor State Local Government

• Petaling Jaya City Council (MBPJ)

• Shah Alam City Council (MBSA)

• Subang Jaya Municipal Council (MPSJ)

• Klang Municipal Council (MPK)

• Sabak Bernam District Council (MDSB)

• Kuala Langat District Council (MDKL)

• Kuala Selangor District Council (MDKS)

• Hulu Selangor District Council (MDHS)

• Kajang Municipal Council (MPKj)

• Sepang District Council (MPSp)

• Ampang Jaya Municipal Council (MPAJ)

• Selayang Municipal Council (MPS)

Its authority

• A stronger role for rural councillors implies a strengthening of their powers to create and implement policy and to raise and spend money on these policies.

• Has the power to collect taxes (assessment taxes), create laws and rules (in form of by-laws)

• Others – grant licenses and permits for any trade in its area of jurisdiction, providing basic amenities, collecting and managing waste / garbage

Role of local government

• Circulate city laws and maintain the rule of city laws

• Regulate socio-economic standards

• Develop social and physical infrastructure

• Ensure social safety

• Provide basic utilities service to an area - drainage, electricity,

• Provide necessities to the tax payer

• Responsibility numerous related to housing, water supply, waste management, taxation, land assesment

Area of responsibilities

• City planning

• Licensing and control

• City beautification

• Health services

• Cleanliness

• Controlling contagious disease

• Construction and regulating road system

• Managing traffic system and public transportation

• Regulating drainage system

• Providing and maintaining public amenities

Clear picture of Local government within the State government

organisation

Eg.: Petaling Jaya City Council

Eg.: Subang Jaya Municipal Council

Eg.: Kuala Selangor District Council

Political influence in local government• Local Government Act 1976, Section 10

“Councillors of the local authority shall be appointed from amongst person the majority of whom shall be persons ordinarily resident in the local authority area who in the opinion of the State Authority have wide experience in local government affairs or who have achieved distinction in any profession, commerce industry, or are otherwise capable of representing the interests of their communities in the local authority area”

• Councillors should be allocated neighbourhood zones for which they would be responsible and accountabler

- Eg.: MBSA 24 zone

• Help the President / the Mayor in administering the local government. Report to the President / Mayor any problem and complaints relating to their designated zone.

• Councillors should be from the professionals who were familiar with the workings of local government

- NGOs, professionals from doctors, lawyers, accountants, enginneers etc.

• Suppose councillors are being elected to serve citizens at local level

Contd..• However, most were appointed by State governments (without

consultation with Federal Government) based on the political interest – local party leaders rather than on the basis of familiarity, interest or having relevant expertise

- are members or supporters of the political parties in control of the state government

• LGA Section 10(2) - councillors be people who are ordinarily resident in the area - they must have proven wide experience in local

government / have achieved distinction in any profession, commerce or industry

- political affiliation is completely irrelevant to the appointment of councillors

• Councillors also known to use their positions to serve their own interests and become the source of corruption too.

• Any issued raised and solved by councillors will be mixed with their political agenda

Cases relating to the interferences

and malpractice by councillors1. Shah Alam City Council under fire for seizing beer cans –

interference by the Selangor state executive council member (Exco YB Ronnie Liu) – the enforcement officers are caught in between.

2. Councillor boycott the appointment of Mayor / President for Seberang Perai City Council – they don’t want government office to head the local authority

3. Appointment and reappointment of late Datuk Zakaria Darus (together with his son and daughter-in-law) to the Klang Municipal Council

Economic development

• Decision making based on national economic policies. - to stimulate economic development

• Offer an conducive environment for the marketplace and enterprise that support business to operate

Eg.: clean buildings, good streets and sidewalks, beautiful plants and trees, well-made signs, safety protection (from robbery), good sewer and water systems

• Effect: create new job, can increase income to the local authority (license fees), good business environment lead to tourism

Conclusion

• Reasons for the abolition of election on local councils 1. Indonesian Confrontation in 1969 2. racial riots in 13 Mei 1969 - consequences of the 1969 local government election 3. maladministration, malpractices and breaches of law

committed by the City Council

• Government was concerned to prevent the spread of further political influence in administering local government.

• Effect on the restoration of local government election – the party politics if allowed to continue as the basis of local government will be against the national / public interest. It will be carry out more on the political agenda

Contd..

• Remain there is no election for Local Government - Mayor / YDP is a government officer – neutral of any

political agenda – no bias - Mayor / YDP appointed through election (politician)–

tendency to be bias to carry his party agenda rather than citizen benefit as a whole

• Good urban governance can be practiced with or without a policy of decentralisation

• Yes. The role and fate of local government in developing countries cannot be isolated from the larger topic of political and economic development.

Contd..• Many has said that election need to restore back to the local

government - reason: local government has long been seen as most

corrupt organisation among any other government body

• However nobody cannot guarantee that there will be total transparent system if local government is govern by the politician through election

• Its not the issued of how the councillors being appointed (by State government / through election)

- but how the councillors carry out his duty with due diligence - if they carry out their duty with having responsibility sense

to the citizens (under their zone), councillors is really helpful to the Mayors / President in promoting local development

References:1. Akta Kerajaan Tempatan 1976 (Akta 171) & Perundangan Subsidiari Terpilih

2. Federal Constitution

3. http://www.thestar.com.my

4. http://www.selangor.gov.my

5. http://www.mbsa.gov.my

6. Kigali, Rwanda. June 2005. The Role of Local Governments in Local Development: Pro-poor provision of infrastructure services. Local Development Unit of UNCDF

7. Mawhood, P. (1987). Decentralization and The Third World in the 1980s. Planning and Administration. 14:11-22

8. Norris, M. W. 1980. Local Government in Peninsular Malaysia. Great Britain. Gower Publishing Company Ltd.

9. Yap. A. & Chatterjee. P. 2004. Cities, Citizens & Civilisations

Thank you