The Why, Whom and how local government elections should be reintroduced in Malaysia This was presentation of my research report to Bersih on 20/1/2021

1. Local Government Elections:
Time to Reintroduce them
Danesh Prakash Chacko
20/1/2021

2. KEYTHEMES
1
2
Role of Local Governments
Case for Local Government Elections (LGE)
3 Addressing Concerns of LGE
4 LGE in Malaysia: How it may look
like?
KEY WORDS – LOCAL & ELECTIONS

3. Responsibilities of Local
Governments in Malaysia

4. Role of Local Governments in Malaysia
• License buildings and stalls for sale of food and non food items
• Manage markets
• Arrange lighting for public streets and parks
• Maintain public car parks
• Maintain public streets and footways
• Promote public health including preventing communicable and infectious diseases
• Name Public Places/ Housing Areas and assigning street numbers
• Establish and maintain public transport services
• Build, equip and maintain schools, educational institutions and maintain scholarship (Sabah)
• Licensing bicycles and vehicles not required to be licensed (Sabah)

5. Case for Local Government
Elections (LGE)

6. Case for Local Government Elections
• The need for Accountability
• Combating Corruption
• Urbanisation and Leadership
• Decentralisation and Empowerment of States
• Empowering True Roles of Members of Parliament (MPs) and State
Legislative Assemblypersons (ADUNs)

7. A) The Need for Accountability
• “It is indisputable that there should be no taxation without
representation, and there is no justification for not holding local
government elections,” – Derek Fernandez (2019) speaking to FMT
• “That was the ninth time in four months that maintenance work had
been conducted on the stretch where a pothole claimed the life of a 75-
year-old motorcyclist on Sunday.” – New Straits Times Report
(4/1/2021)
THE TWO PERSPECTIVES OF
ACCOUNTABILITY

8. A) The Need for Accountability
46.66
74.61 74.05
60.52
53.34
25.39 25.95
39.48
0
10
20
30
40
50
60
70
80
90
100
MBPP (Pulau Pinang) MPSP (Pulau Pinang) MPSJ (Selangor) MBSA (Selangor)
Share of Tax and Non Tax Revenue in Percentage for Selected Councils (2013-15 average)
Tax Revenue Non Tax Revenue
Adapted from Berahim, Jaafar and Zainuddin 2019

9. B) Combating Corruption
• Protection of illegal traders in MBSA in exchange of bribes
• Receiving bribes in exchange of smooth implementation of
projects
• Using the example of Brazil, a mayor with re-election incentive
misappropriate less with those who don’t
• Democracy itself is an effective tool to combat corruption

10. C) Urbanisation and Leadership
• Urban Issues: Urban Sprawl, Housing Affordability, Pollution
etc
• Local Councils: Closest government entity for urbanised
population
• Leadership with accountability greatly needed for localised
issues, not depending our elected legislators

11. D) Decentralisation and Empowerment of
States
• Reintroduction of LGE should come together with
decentralisation of powers from federal to state and local
government
• Decentralisation Item: Granting powers of managing public
transport to states
• Decentralisation item: Oversight of schools by state
government

12. E) Empowering MPs and ADUNS
• Theory - MPs and ADUNs create and debate laws, hold state
and federal governments accountable, influence policy
• Practice - MPs and ADUNs doing welfare jobs and handling
local council related issues
• Having LGE in place means
• Local Councillors are known by public and be the go to persons for
local issues
• MPs and ADUNs focus on federal and state matters

13. Addressing Concerns of Local
Government Elections (LGE)

14. A) Addressing Ethnic Concerns
• How Urbanised is Malaysia?
Source: Kementerian Pembangunan
Luar Bandar (KPLB) 2019
26.9
34.2
51.4
62
71
76.6
73.1
65.8
48.6
38
29
23.4
0
10
20
30
40
50
60
70
80
90
100
1970 1980 1990 2000 2010 2020 (forecast)
Proportion
of
Population
(%)
YEAR
Share of Urban-Rural Population in Malaysia
Urban Rural

15. A) Addressing Ethnic Concerns
• Who makes up the majority of urbanised crowd?
Source: Kementerian Pembangunan
Luar Bandar (KPLB) 2019 & 2018,
Kementerian Kemajuan Luar
Bandar & Wilayah 2017
56.1 56.8 57.6
25.5 25.3 25
0
10
20
30
40
50
60
70
80
90
100
2017 2018 2019
Share of Ethnic Composition of Urban Scene in Malaysia (2017
- 2019)
Bumiputera Chinese Indians Others Non Citzens Are you Convinced?

16. A) Addressing Ethnic Concerns
• Who makes up the majority of various council types?
2
8
37
1
2
12
13
1
1
4
3
6
0
10
20
30
40
50
60
CITY HALL/ CITY COUNCIL MUNICIPAL COUNCIL DISTRICT COUNCIL OTHER TYPES OF LOCAL
GOVERNMENT
Number
of
Local
Authorities
ETHNIC COMPOSITION BY LOCAL AUTHORITIES IN PENINSULAR MALAYSIA (2010)
MALAY SUPERMAJORITY (ABOVE 66%) MALAY MAJORITY (50 - 66 %) CHINESE MAJORITY (50 - 66 %) MIXED
Source: Department of
Statistics, Malaysia 2010
Are you Convinced?

17. A) Addressing Ethnic Concerns
• Is Bumiputera Presence growing in various councils?
Source: Department of
Statistics, Malaysia
50%
34%
44%
81%
91%
87%
75%
64%
61%
54%
36%
46%
89%
93%
89%
78%
67% 65%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
MB Seberang
Perai (Pulau
Pinang)
MB Pulau
Pinang (Pulau
Pinang)
DB Kuala
Lumpur (W.P.
Kuala Lumpur)
MP Kangar
(Perlis)
MP Langkawi
(Kedah)
MP Kubang
Pasu (Kedah)
MB Alor Setar
(Kedah)
MP Sungai
Petani (Kedah)
MP Kulim
(Kedah)
Evolving Proportion of Bumiputera Presence in selected councils
2000 2010 2018 (Projection)

18. A) Addressing Ethnic Concerns
• A particular party will dominate local councils?
• In reality:
• Potential for non PH parties to gain representation in PH States and
vice versa
• Urban voters may be open for more local or policy based parties
• Greater competition of different parties
• No guarantee of one party dominating all major councils

19. B) Addressing Election Cost
• YB Zuraida stated the cost of local council elections will be
around RM 2 million. Is it right?
• Do we have the money to finance this type of election under
COVID?
• RM 2 million is an underestimated a value
• Estimated election cost per voter under COVID = RM 150 to
RM 200
• Holding LGE for Majlis Perbandaran Kajang is around RM 9
million

20. B) Addressing Election Cost
• Is the cost really an issue?
• Kajang Election (RM 9 Million) vs Kajang Asssessment Revenue (RM
100.58 Million)
• Solutions to mitigate costs:
• Cost exemptions (codified) for usage of schools and local council buildings
(premise only) as polling facilities
• Local Councils to cover overtime payments or allowances for their staff
serving as polling staff
• Recent water disruptions reflects failure of unelected local councils
to stop recurring pollution (economically damaging) problems

21. C) Addressing Erosion of State Powers
• Elected local councils = weak state?
• Lesser functions for local councils?
• Malaysia = de facto unitary state
• Answer: Devolve powers from federal to states
• Areas for power devolution:
• Social welfare
• Education
• Public transportation (jointly with local councils)

22. LGE in Malaysia – How it may
look like?
This Photo by Unknown Author is licensed under CC BY-NC-ND

23. LGE in Malaysia – How it may look like?
• General Principles
• Electoral Roll
• Boundaries of Council
• Form of Government
• Electoral System
• Region Specific Implementation
• Federal Territories
• All Malaysian States (Local Council Level)
• Sabah and Sarawak (Division Level)
KEY WORDS – LOCAL & ELECTIONS

24. A) Electoral Roll – Who can Vote?
• Two major types of voters for local government elections
• Existing voters in the voter’s rolls
• Ratepayers (i.e. Canada, Australia, New Zealand, Malaysia
(previously))
• Proposal
• Malaysian Citizen
• 18 years or above
• Resident of electoral ward
• Part of existing voter’s roll

25. A) Electoral Roll – Who can Vote?
• No to complementary ratepayer’s roll
• Reasons:
• Democracy should not be associated with asset ownership
• Prevent undue foreign influence
• Stop the proliferation of sham business
• Protect value of actual voter

26. B) Boundaries of Council
• The power to declare and define council areas – States*
*For Peninsular Malaysia, consultation with Minister and EC is required
• No specific guidelines for councillor ward divisions
• Proposal
• No alteration of local council boundaries (external) where possible
• Councillor wards to respect community ties
• Equal voting strength
• District (Administrative) and Electoral Boundaries to be aligned with Council
boundaries

27. B) Boundaries of Council
• Poor Example of Council Boundaries
• Padawan Municipal Council (Sarawak)
• Disconnected Council Territory (Zones Q and P)
• Councillor Ward Boundaries disrespect local ties
(arbitrary lines)
• Ward Voter Population varies too greatly
• Ward G has estimated 13500 voters
• Ward P has estimated 511 voters
• Ward G = Ward P x 26!
• Irregular Council Boundaries (External) ought to
be rectified

28. C) Form of Government
• Presidential System
• Applicable for State Capitals and Major Cities
• Chief Executive elected in a separately from Legislature
• Mayors have city wide focus
• Mayors provide strong leadership (i.e. for unpopular decisions)
• Parliamentary System
• Applicable to district councils and some municipal councils
• Chief Executive is elected among members of Legislature
• Responsive to popular influence

29. D) Electoral System
• Proposed Requirements (for Councillors)
• Able to identify the councillors
• Assign credit and blame on elected councillors
• Ensuring representation of smaller parties
• Strengthen women’s representation and minority groups
• Power sharing between racial and religious groups

30. D) Electoral System
• Proposed Electoral System (for Councillors)
• Mixed Member Proportional (MMP)
• Adopt South African Model
• Half of Councillor Seats to be elected via First Past the Post (FPTP)
• Half of Councillor Seats to be elected via Closed List Proportional Representation (CLPR)
• Each Voter casts two ballots
• One for ward councillors (FPTP)
• One for party (CLPR)
• Independent Candidates allowed to contest in FPTP part
• To find total seats won by a party, total party votes of PR + FPTP is divided by Quota
• End outcome: Proportional with geographical representation

31. D) Electoral System
• Example Ballot for Municipal Elections for South Africa
Ballot on the Left – Party Vote
Ballot on Right - Candidate Vote

32. D) Electoral System
• Proposed Electoral System (for directly elected Mayors)
• Two Round System (TRS)
• Similar to First Past the Post BUT require MAJORITY mandate
• If no candidates in first round wins a majority, top two of the first round will face a run-off
• Elected Mayors commands the majority support
• Allay communal anxiety

33. Region Specific – Federal Territories
• Proposal
• Elevate Governance from Local Council Level to State Level
• Head of Government will be Chief Minister
• Create State Legislative Assembly (DUN) for Kuala Lumpur, Labuan and Putrajaya
• Election System for New DUN: Mixed Member Proportional
• We propose that Parliament is able to legislate laws for Labuan and Putrajaya
• Abolish Ministry of Federal Territories
• Devolution of Powers: Land Use, Planning and Development, Housing
• Electoral Roll/Boundaries
• Divide Kuala Lumpur Parliamentary Seats into 2 DUN seats
• Polling Districts of Labuan and Putrajaya to be DUN seats

34. Region Specific – All States of Malaysia
• Proposal (Local Council)
• Peninsular Malaysia
• Election System (for Councillors) – Mixed Member Proportional (for all Council tiers)
• Election System (for Mayors) – Two Round System (Directly Elected Leader) (for City Councils only)
*For Municipal and District Council, the Mayor elected among Councillors
• Sabah and Sarawak
• Election System (for Councillors) – Mixed Member Proportional (for all Council Tiers)
• Election System (for Mayors/Chairman/President) – Two Round System (Directly Elected Leader) (For City Halls, City
Councils and Municipal Councils)
*For District Council, the Mayor elected among Councillors
Local Council Elections can be complemented or substituted with Divisional Level Elections

35. Region Specific – All States of Malaysia
• Proposal (Local Council)
• Devolution of Power: Tourism (e.g. Kota Kinabalu, Penang Island), Greater
coverage on penalising traffic offences
• Electoral Roll/Boundaries
• Existing Voter’s Roll
• Polling District Boundaries to be subset of Councillor Wards
• Polling District Boundaries to respect Local Council Boundaries
• Proposal (for State) – Devolution of Powers
• Public Transport (jointly with local councils)
• Supervision of education
• Allow States to have greater financial resources

36. Region Specific – Sabah and Sarawak (Division)
• Proposal (Division/Residency)
• Recognition of Standing of Sabah and Sarawak as equal partners of Malaysia
• Division (Sarawak) and Residency (Sabah) in East Malaysia can be an equivalent
of State of Kelantan or Malacca in Peninsular Malaysia
• Now, a Resident (head of a Division) is a senior ranking government officer in
Sarawak and treated as though as Head of Department
• Responsibility of Division (Sarawak) – a model to be considered
• Poverty Eradication
• Tourism
• Native Courts
• Small Rural Development Project
• Main Development Project

37. Region Specific – Sabah and Sarawak (Division)
Current Bahagian Map
Of Sarawak

38. Region Specific – Sabah and Sarawak (Division)
• Proposal (Division/Residency)
• Election for Resident : Two Round System
• Election for Divisional Legislative Assembly : Mixed Member Proportional
• Cabinet Size of Divisional/Residency Government: No more than 10 people
• Division Level Government : To complement local council elections or substitute
local council elections
• Electoral Roll/Boundaries:
• Voters of Division/Residency to be registered
• Polling District Boundaries to correspond to local council/district boundaries and district
boundaries nested in Division/Residency

39. Concluding Remarks
• Local Government Elections provides accountability, reduce corruption and free
our elected Representatives to do their real job
• Elected Local Government empowers local communities, ensures speedier
response to crisis and open new ground for decentralisation
• Proposed Local Government Elections involve:
• Using two different electoral and governance system
• Voters in existing voters roll to exercise the right to vote
• Have rationale boundaries
• Upgrading Federal Territories to State Like governments
• Introducing Concept of Division (for Sabah and Sarawak)
• Elections for all Local Councils

40. Sources
• Image Credits
• Christopher Harriot (15/4/2019) – KOMTAR
• FelipeRev (11/5/2018) – Parliamentary Composition of GE14 2018
• Majlis Bandaraya Petaling Jaya – PJ City Bus
• PublicDomainPictures.net – Street Lights, Market, Garden, Roads, Hands, Map
of Malaysia
• By Gryffindor (December 2006)- Own work, CC BY 2.5, - Dewan Undangan
Negeri (Pulau Pinang)
• David Goldman (AP) (2014) – Voter
• Scott (2011) – South African Municipal Ballot
• Tindak Malaysia (2020) – Map of Bahagians in Sarawak

41. End