Penang local polls law 'automatically annulled'

The recently passed Penang enactment to revive local council elections “is automatically annulled” as it is in conflict with federal law, said Housing and Local Government Minister Chor Chee Heung.

“... after consulting with the Attorney-General's Chambers, we found that the (Enactment for Local Elections in Penang Island and Province Wellesley 2012) is invalidated by law," Chor told the Dewan Rakyat during Question Time today.

This is because Section 15 of the Local Government Act 1976 supersedes the Local Government Elections Act 1960, and also contains provisions to supersede any and all laws and/or state enactments that touch on the matter of local polls.

In addition, according to Article 75 of the federal constitution, any state law that conflicts with federal law is automatically annulled, Chor said.
   
He was responding to Loh Gwo-Burne (PKR-Kelana Jaya) who had asked about the possibility of bringing back the third vote, to allow citizens to elect their representatives to local authorities.

The minister also said local government matters are “technically” under the purview of the state.

However, Article 95 (a)(1) of the federal constitution makes it mandatory for states and local governments to consult with the National Council for Local Government prior to introducing any additions or amendments.

"The state government and local councils cannot make any changes in policy or law related to local government without going through the national council," he explained.

Serving the public

Chor also posited that the election of representatives to local councils is no guarantee that this is the best way to serve the public.

The real struggle is not to ensure elected representation but to upgrade service delivery and efficiency, and financial management of local councils, he said.

The issue of returning the third vote to the public is among the pledges made in 2008 by Pakatan Rakyat, which now controls four states.

The Penang legislature passed the enactment on May 9, while Selangor has experimented with the election of village heads, although implementation was problematic due to procedural roadblocks by federal agencies.