Loo-See Beh(University of Malaya)
Siew-Nooi Phang(Sunway University)
Malaysia is a Federation and has
three tiers of Governments
• Federal – Sovereign National
Parliamentary
democracy;
headed
by
a
constitutional monarch
Executive 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
King
Levels of Government
Parliament
Cabinet
Federal
Prime Minister’s
Department
Ministry of Housing &
Local Government
Other
Ministries
Department of
Local Government
State Level
State Development
Agencies
National Council for
Local Government
Members
1 Chairman
10 Federal Reps
11 State Reps
1 Sabah Rep
1 Sarawak Rep
State Government
Local/District Level
City Hall
Indicators:
3
City Council
Power & Control;
Municipal Council
Advice;
District Council
National Council Members for Local Government
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
4
State 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
5
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
6

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)
continue…
7

In Sabah all Local Authorities operate
under:
Local Authority Ordinance, 1961
Town 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, 1988
8



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
continue…
9
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
10
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
-
1
-
1
99
25
26
150
Town Board
Total
11


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.
12


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.
13
“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.”
14
 Better
quality of life for all
 A betterment of the human condition
overall
 Leverages
on
sustainable
and
knowledge based development
 Making cities more efficient, equitable,
safer and sustainable
15






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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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
Administrative rigidity – internalisation of topdown approach
Emergence of re-centralisation – inability to
re-orientate to the needs for greater
decentralisation and empowerment




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”;
19



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.
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 Thank
you for your time!
Q&A
 lucybeh@gmail.com
 phangsn99@gmail.com