Brief Description of the
Country and Its National/State Government Structure
Demography
Located in the heart of tropical South East Asia, Malaysia straddles
the South China Sea. Peninsular Malaysia is at the tip of mainland
South East Asia while the states of Sabah and Sarawak are part
of the island of Borneo. Peninsular Malaysia has an area of 131,
582 square kilometres. It consists of the eleven states of Kelantan,
Terengganu, Pahang, Johor Melaka, Negeri Sembilan, Selangor, Perak,
Kedah, Penang and Perlis. In East Malaysia, Sabah has an area
of 73,709 square kilometres while Sarawak, with an area of 124,
445 square kilometres is the larger. In total land area, Malaysia
is about the size of Myanmar, two-thirds that of Thailand, one
sixth of Indonesia and one-third of the United Kingdom of Great
Britain.
With an estimated Gross National Product (GNP) of about US$35,958
million in 1989 and per capita GNP of about US$2790, the World
Bank classifies Malaysia as one of the Middle Income Economies.
In this position, Malaysia ranks alongside Mexico, South Africa,
Poland and South Korea (World Bank 1994). The GNP per capita has
risen from US$1,710 in 1981 to US$3,140 in 1993 (World Bank 1995).
The Malaysian development paradigm has undergone a radical shift
from a traditionally strong public sector presence in social and
economic development of the country to a greater role for the
private sector as an engine of growth.
The Malaysian economy is expected to experience further structural
changes particularly from the evolution of an agricultural-based
economy to one that strongly emphasizes industrial development
(Abdul Rahman 1990:2). This structural transformation is evident
in the massive increase of the contribution of the manufacturing
sector with regards to GDP from a mere 20 per cent in 1980 to
35 per cent in 1996. This accelerated trend is in contrast with
the trend posted by the agricultural sector's contribution to
GDP that continued to decline from 23 per cent in 1980 to 13 per
cent in 1996 (EPU 1996: 14). One can expect that with the continued
growth in the manufacturing sector and the present pace of economic
growth, the national vision that Malaysia will become a Newly
Industrialized Country (NIC) in the near future, might be reality
by the turn of the century (Tan 1993: 57). Applying this vision
to a longer-term prediction, Malaysia is expected to become an
industrial nation by the year 2020.
The rate of urbanization tends to correlate significantly with
economic growth. One inevitable consequence of this structural
change and the consequent rapid economic growth that has averaged
an impressive 8 per cent per annum in the past decade, has been
the increasing urbanization of the country. In fact, in 1980 the
population living in urban areas was 35 per cent but this figure
has shot up to 55 per cent in 1995 (Malaysia 1996: 154). The impact
of rapid growth and urbanization is naturally reflected in the
number of people living in local authority areas. According to
a study made by the Ministry of Housing and Local Government in
1988, 68 per cent of the population in Malaysia live in local
authority areas and make demands upon urban services (MHLG 1988).
The enlargement of urban areas also means an increase in the problems,
needs and complexities relating to urban governance.
It has created a new set of challenges that entail an enhancement
in the capacity and capability of the Malaysian local authorities.
These problems demand new approaches, strategies as well as practical
and effective answers and solutions for urban and local government
managers. As noted by Davey (1993: 12): "The role of urban government
in managing urban growth cannot be taken for granted in the context
of today's debate".
Table 1. Urbanization Rate by State
State
1980
19911
1995
2000
6MP
7MP
Johor
35.2
48
51.8
56.4
4.6
4
Kedah
14.4
33.1
36.9
42.1
4.7
4.2
Kelantan
28.1
33.7
35.7
39.4
4.3
4.5
Melaka
23.4
39.4
44
49.8
4.1
3.5
Negeri Sembilan
32.6
42.5
44.7
47.6
3.3
2.8
Pahang
26.1
30.6
31
33.7
3.5
3.2
Perak
26.1
30.6
31.9
33.7
3.6
2.8
Perlis
32.2
54.3
60.5
67.8
5.5
5
Pulau Pinang
8.9
26.7
30.4
35.3
3.1
2.3
Sabah 2
19.9
32.8
35.2
38.2
7.9
7.1
Sarawak
18
38
43.4
50.5
5.6
4.8
Selangor
34.2
75
82.6
89.4
6.1
4.6
Terengganu
42.9
44.6
45.1
45.7
3.5
3.1
Wilayah Persekutuan
100
100
100
100
1.6
1.2
Kuala Lumpur
34.2
51.1
54.7
58.8
4.5
3.8
Source: Seventh Malaysia Plan (1996 - 2000) 1Based on the Population and Housing Census of 1991 2 Includes Wilayah Persekutuan Labuan
Local authorities must be prepared for adjustments in meeting
the challenges related to growing urbanization. Such a transformation
is already evident. Like local authorities in other countries,
particularly those in advanced economies, the local government
system in Malaysia is also evolving itself to prepare for the
challenges of the next millennium.
National governmental and
political structure
A federation of thirteen states, Malaysia is a constitutional
monarchy. It achieved Independence from the British colonial rule
on the 31st August of 1957. At its birth the new nation promulgated
a Federal Constitution. The inclusion of Sabah, Sarawak and Singapore
into the federation in 1963 resulted in an amendment to the Constitution.
In 1966, Singapore left the federation. The current federation
of thirteen states upholds the principles of parliamentary democracy.
Parliament is bicameral; it consists of the Yang Di Pertuan
Agong (the King) in Parliament, the Dewan Rakyat
(the House of Representatives) and the Dewan Negara (the
Senate). As prescribed under Article 32 (2) of the Federal Constitution,
the Yang di PertuanAgong has a five-year term
and is appointed by the Conference of Rulers from the rulers of
nine states in the Peninsula. Melaka, Penang, Sarawak and Sabah
do not have rulers but governors appointed every four years by
the King. The King does not preside in Parliament but may address
the two houses as and when necessary. Article 181 of the Federal
Constitution, sets out the executive authority of the King. The
Cabinet or Executive Council is a council of ministers appointed
by the King to advise him in the exercise of his functions. Chaired
by the Prime Minister, the Cabinet consists of an unspecified
number of members of Parliament. The Cabinet is collectively responsible
to Parliament.
Administratively, Malaysia is organized along a three-tier type
of government: federal, state and local government. In carrying
out its duties as enumerated in the Federal and Concurrent Lists
of the Federal Constitution, the federal government has established
a number of ministries (currently they number 24), departments
and agencies. The latter also include public enterprises, statutory
bodies and corporations. The Cabinet is the highest coordinating
executive body of all government activities and interests. Two
national councils - the National Economic Council (NEC) and the
National Security Council (NSC) - headed by the Prime Minister
assist the Cabinet in the discharge of its functions. The NEC
is the highest council responsible for coordinating all development
programmes while the NSC is responsible for national security.
To improve and enhance coordination within the government machinery,
the Federal Constitution provides further avenues of federal influence
over the state governments. Such influence is exercisable over
matters that are even listed under the state list of the Constitution.
The three other national councils, the National Council for Local
Government (NCLG) under article 95A, the National Land Council
(NFC) under Article 91 and the National Finance Council (NFC)
under Article 108, are chaired by the Prime Minister or his appointee.
Representatives both from the federal and state governments sit
in these committees.
In addition to the Constitutional provisions, there are various
other official coordinating forums. These include periodical meetings
between the Prime Minister and the Chief Ministers of the states,
the Federal-State Liaison Committee (FSLC) and the National Development
Planning Committee (NDPC). The Chief Secretary to the federal
government chairs the last two committees, which comprise the
respective state secretaries and other senior government officials.
The NDPC is the highest body formulating and coordinating economic
development policies in the country. Its secretariat is jointly
held by the Economic Planning Unit (EPU) and the Implementation
and Coordination Unit (ICU) of the Prime Minister's Department.
At the state level, the Ruler is supreme. He acts on the advice
of the State Executive Council (EXCO) that is chaired by the Menteri
Besar or Chief Minister. In the states where there is no
hereditary ruler, a governor is appointed by the Agung to
be the state's ceremonial head as in the case of Penang, Melaka,
Sarawak and Sabah. In distinct contrast to the arrangement in
the federal government, all the states have unicameral legislatures.
These are elected at least every five years. The state legislature
has the autonomy to pass any law so long as it does not militate
against a corresponding federal competency, as underlined by Schedule
IX of the Federal Constitution. Therefore, the state legislature
is the centre of democratic policy. The Executive Committee, or
the EXCO, is the Federal Cabinet equivalent at the state level
and is the highest coordinating body on all matters of interest
in the state. Coordination and supervision are carried out through
a committee system where the heads are members of the state legislature.
The next layer in the government hierarchy, which is at the local
level, is the district administration. The British formalised
district administration nationwide. Today it still is the prominent
administrative machinery at district level, for both the state
and the federal governments. The District Officer (DO) heads the
district council; in that capacity he is also the Land Revenue
Collector and President of most district councils. In the former
Federated Malay States such as Selangor and Perak as well as the
former states of the Straits Settlements such as Penang and Melaka,
the DO is a senior federal officer from the elite Administrative
and Diplomatic Service. In the states of Sabah and Sarawak and
the former Unfederated Malay States such as Kedah, Terengganu
and Kelantan, the DO is a senior officer from the respective State
Civil Service. The position of the District Officer as the chief
administrative officer in a district is further enhanced by virtue
of the fact that he is the most senior officer in the district
and answers directly to the state secretary.
The District Officer is responsible for the development of the
district as a whole. Coordination of the various development activities
is done through the various district committees most of which
the District Officer chairs. The two most important committees
are the District Development Committee and District Action Committee.
They include all the heads of governments and agencies at the
district level such as the District Council, Agricultural Department
and Public Works Department. Although no statute provides for
these consultation committees, administratively, they constitute
an important machinery to monitor and coordinate all development
proposals and activities in the district.
Another dominant local public entity at the local level is the
local government or authority (Wan Abu Bakar 1996:487). Under
Item 4 in List II of the Ninth Schedule, the Federal Constitution
stipulates local government to be a subject under the State List.
Hence, all local authorities fall under the exclusive jurisdiction
of the state governments. Following an amendment to the Federal
Constitution, the government enacted, under Article 95A, the National
Council for Local Government to advise and coordinate the local
authorities in matters especially pertaining to legal and major
policy issues (Malaysia 1986: 79-80). Within this formal framework,
the Town and Country Planning Act further enhances the relationship
of a local authority with other local institutions (Malaysia 1976).
This Act also classifies local authority into two groups: municipality
for large towns and district council for small urban centres.
Under Section 5 of the Act, a local authority is the local planning
authority and thus the authority that approves and controls all
planning and development applications in its area. Besides the
District Action Committee, the local authority, which incorporates
the heads of the technical departments who are either councilors
or ex-officio members, especially in full council meetings, also
provides a consultation forum at the local level.
Evolution of Local Government,
its Legal and Political Background
Like most institutions of government in many countries that were
former colonies, the present system of local government in Malaysia
could be traced back to Britain, which colonized Malaysia for
nearly two centuries. As noted by Norris (1978: 4): "Malaysia
inherited a British legacy in terms of local government objectives
and style and has been deeply influenced by British precedents".
Hence, it is only logical and inevitable that early forms of local
authorities introduced in Malaya tended to be modelled along their
British institutions. A cursory look into the laws governing the
local authorities in Malaysia, particularly during its formative
stage, would show that most of these local government statutes
were based on English laws. However, with the accretion of time,
local government authorities in Malaysia have evolved into a system
having its own identity, characteristics and laws that reflect
the socioeconomic and political environment of the country. In
Malaysia (at that time Malaya), Penang and Malacca - which were
part of the Straits Settlement - were the first two states to
form local governments. It was in Penang that the British formed
a Committee of Assessors in 1801 and gave it the responsibility
for planning and implementing urban development. This laid the
foundation for the establishment of local government in this country.
Local councils were later set up in Malacca and other Federated
and Unfederated Malay States including those in Sabah and Sarawak.
To operationalize the setting up of town boards and local councils
as well as holding local elections, the British formulated various
types of legislation. The Local Authorities Elections Ordinance
(1950) for instance, granted the town councils the power to organize
elections. In another case, the Local Councils Ordinance (1952)
was formulated to provide power to local residents to establish
local councils if it was deemed necessary. At the end of colonial
period, there were 289 local councils in Malaya (Malaysia 1972).
After Independence in 1957, when the Federal Constitution came
into existence, local government outside the federal territory
was placed under the state list.
The Post-Independence period of the sixties was a turbulent one
for local government authorities in Malaysia. Internal administrative
and political problems facing the local councils and the violent
confrontation against the newly-formed Malaysian federation by
Indonesia in 1964, led to the suspension of local government elections.
This suspension was executed through the enactment of two regulations:
the Emergency (Suspension of Local Government Elections) Regulations
(1965) and the Emergency (Suspension of Local Government Elections)
Amendments Regulations (1965). Since then, local governments in
Malaysia were never to experience another election again even
though the local government system in Malaysia has undergone a
lot of positive changes. Tenant, writing in 1973, commented that:
"Elective local government was a late colonial intrusion which
did not flourish within the Malaysian political system" (Tenant
1973: 365). Another writer, Norris (1978:8), remarked that: "The
Malayan environment was and remains unfavourable to large scale
devolution".
The problems faced by local government authorities in the sixties
were further compounded by the existence of various types of local
councils as well as by the complexity of the application of a
number of different ordinances, enactments, bylaws, rules and
regulations. By the early seventies, the proliferation of local
government units had resulted in a large number of local administrations
and entities. For Peninsular Malaysia alone there were 374 such
local governments. Hence, the government felt a need to reexamine
and reform the local government system in Malaysia to improve
its working. A Royal Commission was established in 1965, but only
managed to submit its report to the federal government in December
1969. The report was only released in December 1971.
Even though the report was not accepted, its findings formed
the basis for the restructuring of the entire local government
system in Malaysia (Sabah and Sarawak included). Based on its
recommendations, the report paved the way for the formulation
and adoption of the Local Government Act 124 in 1976. This Act
was to facilitate the process of restructuring local authorities.
Commenting on the restructuring exercise, Norris (1978) had an
external perspective of the social, economic and especially the
political environment of the local authorities in Malaysia and
gave a pragmatic analysis of the issue of local government after
the reform. He envisioned the issue as follows: "(...) No longer
the authorities' survival but rather the degree of their revival
(...) There is above all, a growing awareness of a new value for
local government, not in its traditional democratic virtues, but
in its potential capacity to spread development" (1978: 75). Norris
added that: "This new perceived vision for Malaysian local government
is of considerable political significance. A restructured local
government system should provide local authorities new impetus
to move beyond the traditional role of garbage collection and
sanitary inspection or general maintenance functions to those
of urban development and management".
Following the passage of the uniform Local Government Act 124
(Temporary Provisions) in 1973 - used as temporary act in the
restructuring process - the government reviewed all basic laws
that regulated the powers, duties, responsibilities and functions
of local authorities. Three parent laws were enacted for that
purpose: The Street, Drainage and Building Act 133 (1974), the
Local Government Act 171(1975) and the Town and Country Act 172
(1976).
Local Government
Categories and Hierarchies
Prior to the restructuring exercise and the adoption of Local
Government Act of 1976, there were six types of local authorities:
City Hall of Kuala Lumpur;
Municipal council;
Town council;
Town board;
Rural district council; and
Local councils.
Table 2. Distribution of Local Authorities by
State
State names
Restructuring
Before
After
MC
DC
1. Johor
96
14
1
13
2. Kedah
38
11
1
10
3. Kelantan
28
11
1
10
4. Malacca
4
3
1
2
5. N.Sembilan
20
8
1
7
6. Pahang
35
7
1
6
7. Perak
97
15
2
13
8. Perlis
4
1
1
-
9. P.Pinang
5
2
2
-
10. Selangor
33
11
3
8
11.Trengganu
13
7
1
6
12.Fed. Terri
-
1
1
-
13. Sarawak
23
22
2
19
14. Sabah
22
25
4
21
Total
418
138
23
115
Source: Report of Royal Commission (1968, Table XII,
P.341) and MHLG (Local Government Division)
As a result of the adoption of Act 171, there exist in essence
only two types of local authorities in Malaysia: the municipal
councils and district councils. However, the Act provides for
the establishment of a city council. Conferred by the Supreme
King of Malaysia or the Agung, this status requires the
prior concurrence of the Conference of Rulers. Over the years,
some of these district councils have been upgraded to a higher
status. These include the Selayang Municipal Council and the Ampang
Jaya Municipal Council that were formerly respectively known as
the Gombak District Council and the Ulu Langat District Council.
Table 3. Local Authorities in Malaysia (Status
of 1997)
Status of Loc. Authorities
Penin
Sabah
Sarawak
Total
City hall
City council
Municipal council
District council
1
2
19
74
-
-
4*
19
1
1
3
20
2
3
26
113
Total
96
23
25
114
* Inclusive of the Labuan Municipal Council;
Source: Briefing Notes, Ministry of Housing and Local Government
With the completion of the restructuring exercise that took place
from 1974 to 1988, the 374 local authorities that were previously
in existence (consisting of city Councils, town boards, town councils,
rural and district councils) have been restructured into 14 municipal
councils and 79 district councils in Peninsular Malaysia. In Sabah
and Sarawak, the restructuring has resulted in 6 municipal Councils
(4 in Sabah and 2 in Sarawak) and 39 district councils (18 in
Sabah and 21 in Sarawak). At present, there are 96 local authorities
in Malaysia, 23 in Sabah and 25 in Sarawak. However, due to the
expansion of service areas and administrative expediency, it is
expected that more local councils will be established or that
the present districts will be upgraded to a municipal status.
Local Government Functions
The functioning of local government is based on the principle
of ultra-vires and general competence (Mohd Yahya, 1987:466).
The situation is very clear as Hashim and Yahya (1984: 155) write
that: "Local government in Malaysia operates on the principle
of ultra-vires (...) local authorities may perform those functions
as specifically enumerated in its various Acts and bylaws. It
has no general competence to undertake any activity according
to affordability (...) it cannot undertake any activity that is
beyond its powers or else it is ultra vires. Being a corporate
[body] it can sue and be sued as well".
In spite of what has been written, local authorities in Malaysia
have been given wide powers within the Local Government Act of
1976. The functions not only include mandatory functions but discretionary
functions as well. The mandatory functions include all critical
functions such as refuse collection, street lighting and activities
pertaining to public health. Discretionary functions include all
development functions such as providing amenities, recreational
parks, housing and commercial activities. The provisions of the
Local Government Act grant local authorities the following roles
((Mohd Yahya):
Local planning authority;
Licensing authority;
Power to impose certain kinds of taxes;
Undertake building, housing and commercial
construction (markets, hawker stalls etc.);
Power to perform urban planning and
management functions;
Traffic management and control (manage
urban public transport systems); and
Power to plan and provide public utilities.
The Local Government Act of 1976 provides local authorities in
Malaysia with a very comprehensive set of functions and responsibilities.
Two other main laws, the Town and Country Planning Act (1976)
and the Street, Drainage and Building Act (1974), help local governments
to perform their functions under the 1976 Act. These Acts allow
the local authorities to assume more developmental functions in
the field of urban management and play a more dynamic role in
national development. As Mohamed Afandi (1989:125) notes: "Under
the provision of the related local government laws (...) local
authorities may carry out a whole range of functions, limited
only by their own ambitions and resources." The major functions
of Malay local authorities can be summarized as environmental,
public, social and developmental.
Environmental
This relates to functions of maintenance and improvement of the
environment within the area of jurisdiction. This includes obligatory
services such as cleansing, collection and disposal of solid wastes,
proper drainage and sewage, sewerage system and beautification
programmes.
Public amenities
This applies to services such as abattoirs, veterinary services,
transportation, burial grounds and crematoria.
Public health and cleansing
This function includes the provision of sanitation and solid
waste management system, cleaning drains and roads and the general
upkeep of the environment. The licensing of hawkers, stall holders,
shop and business operators whose businesses are public nuisances
and obnoxious in nature, falls under this function as well.
Social functions
Some larger municipalities provide social services such as childcare
centres, clinics within their health care service programmes,
ambulance and hearse services. Besides these, they maintain fountains
and arrange for lighting public streets and other public services
and provide manual labour and facilities to state governments
or the district offices to assist in the organization of ad hoc
social services at the state and district levels;
Developmental functions
As opposed to mandatory functions of the local authorities, the
development functions are considered "discretionary" under the
Local Government Act, 1976. Even though local authorities could
be regarded as an important instrument for local socioeconomic
modernization, the lack of financial and physical capacity limits
the extent and functions that they can provide. This is particularly
the case with district councils.
In the face of rapid growth and the pressure to fulfil multiple
needs of the local citizens and the private sector community,
the scope of functions and responsibilities of local authorities
are expanding every day. The increase in the rate of industrialization,
trade, commerce and development of modern services not only pushes
the demand for urban space but also that of urban support services.
With an increasing concentration of people and industries in urban
areas, the functions and responsibilities of local authorities
too have significantly expanded. This requires local authorities
in Malaysia to perform multifarious roles that include:
Efficient service delivery functions
and employment generation;
The normal system maintenance function
for public places, drainage and sewerage, market places and
crematorium, road maintenance and street-lighting, landscaping
and maintenance, public health and sanitation;
The development planning and control
and management functions (building control, land-use planning,
development, creation of industrial estates etc.);
The promotion of tourism and urban renewal
beautification programmes; and
Infrastructure development and support
facilities which could facilitate industrial development and
other local-based economic development initiatives.
More important, this expansion of functions raises one fundamental
issue: How can local authorities become an effective machinery
to facilitate national growth and enhance the nation's competitive
edge? In essence, local authorities must now play a more effective
role in urban planning, development control and managing the urban
system and its environment. Such a role is important to ensure
uninterrupted growth and sustainable development within the context
of maintaining national competitiveness in this era of economic
globalization. Besides, it imposes not only financial but also
administrative pressures on local authorities. These pressures
come in the form of new demands and challenges to increase and
improve delivery of urban services. The challenges also pose important
and strategic questions regarding their roles at local, national
and global levels. One of these challenges is in the management
of local government finance.
Local Government Finances
Given the rapid growth in population and increasing rate of urbanization,
local government finance has assumed increasing importance in
local government management. This is because financial management
determines the efficiency and effectiveness of local authority
operations. Without adequate funding, it is difficult for local
authorities to fulfill their duties as provider of services and
act as a facilitator of socioeconomic growth at the local level.
However, finance is always a major constraint that local authorities
face. Given that finance is critical to local authority management,
it is imperative that local authorities develop a good financial
administration system. Such financial management will ensure that
funds are collected, allocated and disbursed in an efficient manner.
Local government finance in Malaysia includes, amongst other things,
matters pertaining to expenditure and income as well as inter-government
fiscal transfers. Local government expenditure can be divided
into two categories: development expenditure and operating expenditure.
Development expenditure involves a heavy capital outlay and includes
expenditure on the construction of buildings, houses, offices
etc. Operating expenditure is spent on short-lived items such
as stationery, equipment, salaries, manpower services, etc. In
general, it is mainly used for the purpose of maintaining services.
Table 4. Share of Expenditure Items of Local Authorities
in 1994
Expenditure items
Percentage
Emoluments
Services and supplies
Capital expenditures
Grants and compulsory
Contributions
Others
38.24
39.51
9.23
-
7.88
5.14
Total
100.0
Source: Mohd. Afandi Ismail (1995)
Although the above table indicates only the expenditure items
of the local authorities in 1994, the expenditure profile has
remained constant over the past decade and even remains unchanged
today. Emoluments, services and supplies comprise the main part
of expenses (78 per cent). With little surplus funds and no grants
- a matter especially critical to district councils - local authorities
need to obtain loans and other sources of funding to finance their
operating and development expenditures. The weak financial position
of most local authorities remains one of the serious impediments
to the greater efficacy of local authorities in providing more
services and development at the local level. As a result, efforts
by the federal government - through disbursement of funds such
as annual equalization grants - to fill the gap between the fiscal
need and fiscal capacity is deemed necessary.
Table 5. Financial Position of Local Authorities
(1991 and 1992)
State
Population
(000)
Amount needed
(000 $)
Revenue
(000 $)
Shortfall (000s $))
Equalizing grant 1991
(000 $)
Equalizing grant 1992
(000 $)
Johor
965
97,495
56,470
41,026
4,168
6,360
Selangor
1,107
153,631
89,090
64,541
8,412
12,726
Kelantan
723
98,197
15,400
82,788
8,279
12,418
Penang
1,082
101,889
56,684
45,205
4,521
6,781
Negeri Sem.
287
29,762
22,914
6,848
1,070
1,808
Pahang
251
47,515
23,541
23,973
2,635
4,143
Malacca
489
51,035
17,990
33,045
3,304
4,957
Terenggnau
381
43,979
12,068
31,911
3,277
5,018
Kedah
1,132
143,431
16,415
127,016
12,702
19,052
Perak
931
98,638
46,737
51,901
6,020
9,403
Perlis
61
7,805
2,497
5,307
531
796
Total
7,409
873,367
359,806
513,562
54,918
83,462
Source: Ministry of Housing and Local Government
To meet the fiscal needs as represented by the expenditures required
to meet the multifarious, but essential services provided by the
local authorities, it is imperative that local authorities upgrade
their revenue generating capacity. Theoretically, a local government
derives its income from three main sources: rents and fees for
services, grants/subsidies given by the central or state government
(also known as inter-governmental fiscal transfers) and local
taxation. In addition, some local authorities also receive grants
in lieu of rates (assessment rates of government property). Other
sources of revenue include miscellaneous forms of charges and
fees such as licenses, payment for various forms of services,
rental penalties and compounds as well as interest. Legal provisions
with regard to revenue collection are spelt out by Part 5 of Section
39 of the Local Government Act (1976) in Peninsular Malaysia,
while the states of Sarawak and Sabah are governed by their respective
ordinances. These include, the Local Government Ordinance (1961)
of Sabah and Chapter 117 of the Local Authority Ordinance (1948),
Volume 5 of the Sarawak Law, the Local Authority (Rating) Regulations,
the Kuching Municipal Ordinances (1988) and the City of Kuching
North Ordinance (1988) of Sarawak.
The Ministry of Housing and Local Government, classifies the
sources of income for the local authorities into six groups, namely:
Assessment rates (inclusive of contribution
in-lieu-of rates);
Licenses;
Rentals;
Government grants (inclusive of road
grants);
Car parking charges, planning fees,
compounds, fines and interests; and
Loans (from government and/ or financial
institutions).
Table 6. Breakdown of Sources of Local Authority
Revenue in 1994
Revenue by Source
Percentage
Assessment rates
47.38
Grant-in-aid of rates
3.60
Rentals from holding
5.27
(Licenses
5.97
Fees, charges and services
20.1
Grants (federal and state)
17.07
Other tax revenue other than assessment
0.50
Total
100
Source: Mohamed Affandi Ismail (1995)"Usaha Untuk
Mempertingkatkan Punca Hasil PihakBerkuasa Tempatan di Semenanjung
Malaysia, (paper prepared for the Ministry of Housing and Local
Government)
In Malaysia, the major source of revenue is the assessment rate
(47 per cent for Peninsular Malaysia). In 1786, the East India
Company introduced the concept of rating with the establishment
of the Prince of Wales Islands (Pulau Pinang). Section 130 of
the Local Government Act (1976) stipulates that rates are to be
imposed upon the improved value of the holding. Improved value
was defined as: "The price that an owner willing and not obliged,
to sell might reasonably expect to obtain from a willing purchaser
with whom he has been bargaining for the sale and purchase of
the holding". The Act allows a state authority the discretion
to opt for annual rental or market value as a basis for rate assessment.
The state of Johor, for example, has opted for such a valuation.
Collection from the government for its property takes the form
of contribution in-aid-of-rates or grants. In 1993, the federal
government contributed a sum of RM 32,440,700 to local authorities
in the form of in-aid-of rates increasing to RM 44,544,800 in
1995 (MHLG 1996). Assessment rates have been the most lucrative
source of revenue. However, over-dependence on this cause has
had a negative impact upon local authority functions. Phang (1997:26)
notes that: "Heavy reliance and dependence upon assessment do
not allow local authorities to fulfill their obligatory functions
or serve as agents of growth and development (...) consequently,
they need other sources of income".
Another source of revenue for local authorities is fees from
licenses issued by local authorities for trading activities within
its jurisdiction. These levies constitute about five per cent
of the total revenue collected by local authorities in Peninsular
Malaysia. Rentals are charges or fees imposed upon users for renting
local authority properties. Charges are revenues received for
services rendered by local authorities such as fees for planning
applications, dislodging of septic tanks, fees for burial facilities
and charges for refuse collection. Fines and compounds imposed
by local authorities for offences such as littering, dumping of
household refuse, hawking without a valid license and illegal
parking within the local authority area forms other sources of
revenue. Besides, interest and investment earnings are an important
source of revenue especially for richer councils that place their
funds in financial institutions or realize them through investment
activities. The same applies to inter-governmental fiscal transfers
that are necessary if local authorities are to fulfill their obligatory
duties. These can be categorized as follows:
Launching grants;
Annual equalization grants;
Development project grants;
Road maintenance and drainage grants;
and
Balancing grants.
Launching grants are an inducement for a state government to
restructure its local authorities. These are provided only once
and are usually used to purchase new equipment for the purpose
of service extensions or to undertake infrastructure development
projects. The Local Government Division of the Ministry of Housing
and Local Government approves of the utilization of these grants
and authorizes their annual disbursements. The formula used for
computing the launching grant is based on the land area and population
of the local authority. The Ministry of Housing and Local Government
staggers out the disbursement of the launching grant over several
years to enable local authorities to spread out their expenditure
on capital items. The annual equalization grant replaced the annual
grant in 1991. The annual grant was calculated on the basis of
the population size and the revenue that the authority was expected
to collect. The maximum annual grant payable was fixed at RM 107,000.
In contrast, the annual equalization grant is a grant to compensate
or equalize the difference between fiscal capacities and fiscal
needs of a local authority. Fiscal capacities are revenue sources
of a local authority and fiscal needs are its expenditures. Certain
criteria are used in determining fiscal needs and a formula is
used to calculate the equalization grant for each local authority
(Phang, Chee and Yahya 1988). Based on this exercise, total grants
to local authorities for 1991 were raised from RM 9 to RM 54.9
million that had been previously allocated to all 94 local authorities
in Peninsular Malaysia. In 1992, the total grant was RM 83 million
and the minimum amount received by any local authority was RM
215,000 annually (NST 20 April 1992). The Annual Equalization
Grant is given by the federal government to local authorities
in Peninsular Malaysia through their state governments in accordance
with the State Grants (Maintenance of Local Authorities) Act 181
and 245. Local authorities in Sabah and Sarawak do not receive
this grant since they are not governed by the provisions of the
Local Government Act (1976) but are guided by their respective
Local Government Acts and Ordinances.
Development project grants are funds made available to all local
authorities for implementing socioeconomic projects especially
towards upgrading the services provided by the local authorities
in their areas of jurisdiction. Some of the projects include infrastructure
projects, social facilities, cleanliness and beautification, purchase
of equipment and machinery, recreational parks and sanitary projects
(landfills and incinerators). The allocations for the local authorities
under the Development Project fund for 1995 was RM 103,060,400.
This was 4.63 per cent more than the 1994 allocation of RM 98,500,010
(MHLG 1995). Under the Seventh Malaysia Plan (1996-2000), local
authorities can obtain development funds for implementing socioeconomic
projects designed especially towards helping the Bumiputra
and industrial community. Such projects include bus stations,
markets, food courts and shop houses. The grants are also provided
for the development of new and traditional villages within local
authority areas. The purpose of this development expenditure is
to bring these villages into the main stream of the local authorities'
socioeconomic activities and functions (MHLG). Any allocation
made for a specific project of this nature is considered an outright
grant and does not involve any repayment by the recipient local
authority. Nevertheless, in allocating funds for this purpose
the emphasis is placed upon projects that would generate revenue
for the local authority and provide employment opportunities for
its people. According to Yahya (1987: 582), a major problem confronting
the grant system as a whole is that all the fiscal transfers are
channelled through the various state governments and it is also
doubtful whether the states pass on the Federal transfer promptly
to the relevant local authorities.
All local authorities are eligible for road maintenance grants.
Roads that are not federal roads are considered state roads and
are maintained by local authorities. Local authorities can directly
claim the upkeep of such roads from the respective state governments.
Road grants are calculated based on the average cost of maintaining
one mile of road using the minimum quality standard as specified
by the federal government. Each local authority has to apply to
the state government for the grant. The state government, in turn,
passes the application over to the Public Works Department to
evaluate whether the claims meet the standards required for maintenance
and to certify accordingly. The list of the approved roads is
then submitted to the Federal Treasury for payment of the annual
maintenance grant. Drain maintenance grants are ad hoc allocations
by the Ministry of Housing and Local Government to all local authorities
to upkeep and upgrade their drains. It is not compulsory for MHLG
to provide this grant annually but nevertheless, the Ministry
paid about RM 50 million in 1994 to local authorities to clean
and maintain their drains. The motive was to encourage flood mitigation
activities to prevent flash floods - arising from rapid economic
development - from occurring in local authority areas.
State governments also offer financial assistance to their respective
local authorities in the form of a balancing grant. There are
no formal criteria in determining the purpose and amount of this
grant. Basically, the state grant is aimed at covering deficits
that arise primarily from increases in pay levels negotiated by
the federal government for the public sector, hence the term balancing
grant. Particularly for smaller councils, the financial assistance
from balancing grants helps them finance minor projects such as
markets and community halls or building their offices. In general,
the state fiscal transfer has been small, representing roughly
2.5 per cent of the total s expenditure (Mohd Yahya 1987). It
must be emphasized that the state government plays a significant
role in local authority finance in terms of granting approval
for any development project. For the bigger infrastructure projects,
local authorities are encouraged to seek loans and other forms
of fiscal aids rather than depend on grants from central and state
governments.
Scope of capital finance
Under the Local Government Act of 1976, local authority is equipped
with legal powers to borrow (Sections 42 to 49). The local authority
is empowered to borrow through mortgages, issues of stock and
debentures and from federal and state governments as well as to
obtain overdraft facilities from private banks. The main constraint
however, is the restrictive clause in Section 41 and thereafter
followed by the various sections stating that all borrowing requires
the blessing and approval of the state government. As a result,
the source for borrowing has been confined only to the federal
government. The only exception has been the city hall of Kuala
Lumpur that has obtained some loans from the World Bank.
Domestic loans for local authorities
A local authority in need of a loan normally seeks the consent
of the state government in compliance with Section 41 of the Local
Government Act of 1976. Once the state government gives its approval
or consent, a request for a loan is submitted to the Federal Treasury.
A project brief that details the project background, needs and
scope with sufficient details of financial viability is to be
sent to the Federal Treasury for its assessment. If the project
is commercial in nature, the Federal Treasury could examine the
loan request strictly from a financial point of view. The Federal
Treasury also obtains its finance from both government revenue
and from borrowing. Hence, it has to scrutinize strictly all requests
for loans to ensure an equitable distribution of limited funds.
International loans for local authorities
Apart from domestic loans, local authorities can also finance
their capital projects through international loans from the Asian
Development Bank and funding from the Japanese and Arab governments.
Some of the international loans currently made available to the
Malaysian government include loans from the World Bank and its
subsidiaries, the International Development Association and International
Finance Corporations.
Financial issues in local
government
There are a number of financial issues facing local governments.
Three major ones merit discussion: the federal (state) - local
financial relationship, accountability and weak financial position
of local authorities.
Federal state-local financial relationship.
Local government is under the State List in the Federal Constitution.
The only formal framework that exists is consultation through
the National Council for Local Government. It must be emphasized
that the federal government deals with local governments primarily
through the MHLG. Such dealings are carried out through the state
government, in particular the State Local Government Division.
Federal fiscal transfers include the provision and launching of
annual grants, minor projects grants and the contribution in-lieu-of-rate
that are made through this relationship. Beyond that, the federal
government cannot interfere directly in the affairs of local authorities.
The federal government is helpless even in reported cases where
the state withholds, albeit temporarily, the Federal contribution
in-lieu of rates for local authorities or the state refusal to
impose new rates based on the property revaluation done by the
Ministry of Finance. In essence, for implementation purposes,
financial initiatives greatly depend on the state government.
The State Authority has direct financial powers over local authorities.
Such powers are also incorporated in the Local Government Act
of 1976.
Accountability
Public accountability embraces all aspects of government action.
In financial management, the most elementary form of public accountability
is the requirement that local authorities give an account of their
activities to the public and provide justification of what has
been done. Even at this simple level, only a few local authorities
are able to produce the annual financial accounts, let alone the
annual reports that report on the whole range of the activities
of the local authority. Audit work is also hampered and delayed
by the inability of the local authority to produce supporting
documents for the expenditures made, accurate accounting of the
expenditure and up-to-date annual accounts.
Weak financial position of local authorities
From the above discussion, it is apparent that the financial
position of most local authorities in Malaysia is weak. Except
for a small minority comprising the larger local authorities,
many do not have additional income to meet the demands and expectations
of their communities. Certainly, with increasing demands for local
government functions and services, new avenues for revenue generation
must be sought to supplement the income of local authorities.
This may include sale of municipal bonds, rezoning of land from
residential to commercial purposes or taking equity share in privatization
projects.
Meeting local financial
needs in the next millennium
It is estimated that by the year 2000 more than 65 per cent of
Malaysians will be living in urban areas as opposed to 51 per
cent in 1991. To meet the needs of these urban residents, local
authorities must be able to strengthen their financial capacity
and search for innovative means in order to remain financially
viable. This is an important challenge for local authorities if
they are to sustain a high level of urban services and quality
of urban life in the next millennium. The Minister of Housing
and Local Government of Malaysia suggested a number of strategies
to strengthen the financing side of local authorities in Malaysia
during his presentation at the IULA 33rd World Congress in Mauritius
on 7 April 1997. These are elaborated upon below
Restructuring of local authority revenue
sources
In view of the emergence of new issues as well as old ones such
as urban congestion, urban poverty, environmental degradations
and social ills (drug abuse and AIDS) coupled with increasing
demands for recreational and leisure facilities of a growing middle
class and a more affluent section of society, there is a need
to review the revenue distribution between the Federal and state
governments. At the same time, the sources of finance in the local
authorities need to be expanded and strengthened.
Greater autonomy to revise taxes
Since local authorities are semi-autonomous entities within the
state framework, any decision to revise taxes must get the approval
of the respective state governments. This in essence, discourages
the local authorities to consider a review of rates to such extent
that they reflect the cost of services they provide. Even though
increasing rates are linked to a broader political process, a
system should be devised to take into consideration the costs
of services provided by local authorities in order to arrive at
a fairer calculation of rates beneficial to all parties involved.
A more decentralized decision making should be encouraged that
gives local authorities the power to decide on the imposition
of new rates.
Deregulation and privatization
In line with the government policy to reduce its involvement
in the public sector development, concrete attempts must be made
to explore new ways and means to reduce the expenditure of local
governments through deregulation and privatization. This may include
the deregulation of building control by giving this task to professional
bodies or privatizing cleaning and maintenance works of parks
to private contractors.
Enhancing federal and state government
support
Local authorities need substantially larger allocations than
normal to tackle emerging social problems in urban areas such
as drug abuse, AIDS and loitering of youth. The continuous support
of the federal and state governments is vital to manage these
problems effectively. Federal and state government support is
also crucial in assisting local authorities to maintain and enhance
the quality of services in their localities. Most of the local
authorities, especially the smaller councils are ill-equipped
to combat these social and urban ills on their own. Without the
generous and unwavering support of the federal and state governments,
measures taken by local authorities could be costly and divert
scarce resources away from their mandatory obligations.
Community support and participation
The role of community support and participation is crucial in
the performance of local authorities as it ensures the success
of a particular urban programme and can help reducing the cost
of operation. To a great extent, the public can be involved in
tree planting activities, recycling of wastes, reducing litter
and controlling vandalism. In these cases, local authorities take
the initiative to link up with non-governmental organizations
and schools in order to promote community support and participation.
Such measures will greatly enhance or improve abilities of local
authorities in discharging their duties.
Personnel Systems in Local
Government
One of the guiding principles behind the setting up of the local
government system is to meet the objective of administrative efficiency
(Mohd Zin 1987:124). It is argued that as the machinery of the
government becomes decentralized, some aspects of its functions
may be more efficiently implemented. The Malaysian experience
has demonstrated that the mere effort to bring the decision-making
process to the lowest level, is not sufficient to meet efficiency
objectives. Efficiency in resource allocation and utilization
depends upon the quality of the decision-making process itself.
This in turn depends on the manpower, personnel and expertise
available, which is another area in the management of local authorities
that merits serious attention of Federal as well as state governments.
Recruitment, selection
and promotion
Under the Local Government Act (1976) every local authority is
given the power to recruit personnel to carry out its functions.
However, the state government has to approve the budget and the
reasons for recruitment. Given this discretion, local authorities
can appoint their own staff, exercise control and execute disciplinary
action and undertake other personnel functions such as training,
promotion and pension matters as far as these are approved of
by the state government. As a result of the implementation of
local government reform, local councils are now bodies appointed
by the state authorities. Similarly the chief executives, i.e.
mayor for a city council; president for municipal or district
councils, are also appointed by the state. The exception is the
City of Kuala Lumpur, which is headed by the Commissioner for
the City of Kuala Lumpur. The Local Government Act (1976) provides
for the appointment of not less than eight and not more than twenty-four
councilors and a mayor or a president to sit on the full council
of a local authority. The organization of local authorities remains
the same as before the restructuring exercise, except for the
fact that the state authorities appoint the mayor or president,
as is also the case with the secretary who is the chief administrative
officer of the council. Other employees of the council are employed
directly by the local authority concerned.
Concerning the appointment of a mayor or a president to head
a particular council, some state governments such as Kelantan
and Trengganu, opted to appoint a politician from the ruling party
in the states instead of administrators from state services. In
such cases, the deputy mayor or president will be chosen from
among the administrators. In other states such as Pahang, Perak
and Melaka, the mayor or president and secretary are picked amongst
the officers of the Malaysian Administrative and Diplomatic Service.
Other categories of personnel in a local authority belong to that
particular authority from the beginning to the end of their career.
Given this lifetime tenure, local authorities must employ the
right personnel.
The recruitment process is considered most important in the public
service as it determines the type of individual taken into the
service. If the recruitment processes are weak, it will lead to
a mismatch between recruited personnel and the job requirements.
Such mismatching will seriously hinder the efficient functioning
of local authorities. In this respect, one must note that local
authority posts in Malaysia, can be divided into permanent and
pensionable, permanent and non-pensionable, temporary, contract
and supernumerary posts. In the case of temporary posts, it can
be for specific periods or on a month-to-month basis. Each category
of posts differs in many ways from the other in their terms and
conditions of service. These differences in turn, may have implications;
one of which is that each category is subjected to different recruitment
styles and regulations. Recruitment in local governments is based
on the principle of merit. The aim of the merit system is to appoint
candidates on the basis of their intellectual ability, personality,
potentiality and where relevant, their professional or technical
skills in relation to the requirements of the posts to be filled.
To achieve this objective, local government (through its board)
is charged with the responsibility of performing its functions
with independence, integrity and impartiality. In this case, each
local authority will have its own board whose functions are to
appoint, confirm, place on the permanent or pensionable establishment,
transfer and exercise disciplinary control over members in the
service. The recruitment process to fill a vacant post involves
five different stages:
Clearance from the state government,
the Treasury and the Public Service Department for filling the
posts;
Recruitment procedure;
Offer of appointment;
Probationary period; and
Confirmation of appointment.
The selection exercise is not an elaborate part of the recruitment
exercise for the local authorities. It is based on the scheme
of service for a particular job. Some require professional qualifications
while others entail pre-posting courses and examination. For the
purpose of mobility in the local government, the career of its
civil servants is determined by the scheme of service of the various
classes of jobs. An officer is recruited to the lowest grade in
a scheme of service and not to a particular post. An officer who
is holding a post in a certain grade is eligible for promotion
to a higher grade within the same scheme of service to which he
belongs.
In case of promotion, a Promotion Board conducts all exercises
whenever a vacancy occurs in a higher grade in the scheme. As
with appointment procedures, the promotion exercise has also adopted
the interview method of assessing the candidate's suitability.
In all cases annual performance and special confidential reports
are taken into account. Whatever the method, the prime consideration
is that all promotions are based on merit. This principle is unambiguously
stated in General Order 50 Chapter A that defines merit as consisting
of two factors: efficiency shown by an officer in the performance
of his/her duties and personal qualities including qualifications
and experience related to the post to be filled. Unsuccessful
candidates are given the right to appeal against the decision
to a Special Appeals Committee. Before an officer is promoted
to a higher grade, he is normally required to occupy a higher
post or a higher grade in an acting capacity so as to determine
his/her suitability for promotion. An officer who fails to be
promoted is usually allowed to continue acting until the next
promoting exercise is held. When an officer is acting in view
of a promotion, he or she enjoys all the privileges of the higher
grade.
Many of the complaints and dissatisfaction voiced by local authority
personnel relate to promotion and prospects of their service in
that particular local authority. Firstly, the prospect of promotion
depends on the availability of posts at the higher grade within
that organization. If there is no vacancy, an officer will have
to stay and stick to a particular job for a long time until a
new post at a higher grade is created. The ability of the local
authority to create new posts not only depends on the workload
of the authority but also on its financial capacity. Related to
this is the problem of horizontal mobility. A person employed
by a local authority will have to work in the authority he was
originally recruited into until he retires. He cannot be transferred
to another local authority of his choice through filling a similar
post or by mutual transfer without losing his seniority and other
privileges. Attempts are now being made to set up a Local Government
Service at state level. This is to facilitate officers from an
authority to fill a post - either by way of transfer or promotion
- in another authority without having to lose seniority and other
privileges. The state of Selangor has already developed the system.
Ethical behaviour and employee
discipline
For the purpose of achieving the objectives set by the local
government, personnel should be informed or reminded about accepted
standards of work ethics and conduct so as prevent any undisciplined
behaviour that may discredit the local authorities' services.
Even though disciplinary problems are not of serious concern to
local authorities, its increasing trend can have a negative impact
on their efficiency and effectiveness. Recognizing the importance
of discipline, high ethical standards and productivity, a number
of approaches have been adopted by many government agencies including
local authorities since the late seventies. Among others, these
initiatives include the introduction of a Punch Clock, Name-Tag,
Code of Ethics in the Public Service, Manual of Office Procedure,
Desk Files, Quality Control Circles and a Productivity Measurement
Programme.
As part of the public sector reform in Malaysia, local authorities
are also involved in the development of productivity and quality
management programmes initiated in 1989. Local authorities like
other public agencies must be proactive in the delivery of quality
services, more market-driven and customer oriented in their dealings
with the public. To implement these programmes, the government
has encouraged public agencies to adopt a total quality management
approach, the establishment of a Client's Charter and the implementation
of ISO 9000 standards. To reinforce these efforts towards creating
and sustaining a culture of quality, the government has also launched
a number of awards such as Efficiency Service Awards, Public Sector
Innovation Awards, Quality Control Circles Awards, the Prime Minister's
Quality Award and Public Service Quality Awards as part of the
incentive package for public agencies.
Implementation of a new
remuneration system
In an effort to improve the remuneration packages given to public
sector employees, the government has introduced a new remuneration
system in 1992. Like other public agencies, local authorities
have adopted this system that provides local government personnel
with a new, more flexible and attractive remuneration package
of wages, allowances and other incentives. It eliminates several
levels of hierarchy existing in many government agencies and encourages
promotion and salary movements based on merit and performance
(Ahmad Sarji 1992:3). In essence the new system has introduced
major changes in the salary and allowance structure as well as
in other areas of personnel administration and management. These
include reducing the size of local government personnel, promoting
organizational restructuring and emphasizing training of public
sector personnel.
Training programmes
Like many other Asian countries, the government is the largest
employer in the country. If we add the number of posts in the
armed forces and the police to the public service employment figure,
we will find that one out of every 14 persons in the country is
an employee in the public sector. Out of the 831,049 posts created
by the federal government about 58,041 (7 per cent) are in Local
Governments.
Table 7. Posts in Public Sector Agencies* (1990-1995)
Type of service
1990
1995**
Federal service
508,800
552,848
Federal statutory bodies
143,964
99,060
State service
101,143
97,905
State statutory bodies
24,965
23,195
Local authorities
58,235
58,041
Total
837, 107
831,049
* Excluding the Police and Armed Force
** Figures for August 1995
Source: Seventh Malaysia Plan, 1996-2000
As discussed in the previous section, the new remuneration system
places great emphasis on the crucial role of training and its
impact on the performance of local government personnel. The objective
of training is not only to upgrade knowledge and skills, but to
develop the right kind of attitude and mind-set among civil servants
towards the assimilation and internalization of positive values
and work ethics to support public sector reforms. Training also
enables civil servants to cope with increasing job demands and
to achieve greater levels of performance.
The Public Services Department, through its Training Division
and the National Institute of Public Administration (INTAN), is
responsible for planning and conducting training programmes for
public sector personnel including those from the local government
sector. At the Ministry of Housing and Local Government, the training
component is being handled by the Department of Local Government
that has a small training unit. Nevertheless, all local authorities
are encouraged to set up their own training units and develop
their own training programmes as part of the human resource development
effort. The city hall of Kuala Lumpur for instance, has its own
training institute. This effort includes the provision of training
opportunities for all levels of local government personnel such
as the lower level comprising clerical, technical and other support
groups, the executive and subprofessional groups which form the
middle management and the top management level covering the administrative,
professional and non-professional groups. As part of the continuing
efforts to produce local government personnel of high caliber,
many local authorities throughout Malaysia have adopted a number
internal as well as external of training strategies.
Internal training
Comprises of departmental training to provide technical and/or
practical knowledge and ability in specific working fields through
training programmes developed by the department concerned as well
as on the job training that is conducted while performing regular
job activities.
External training
Personnel may join training programmes organized by other national/international
bodies or may be attached to certain local municipal and agencies
(training by assignment).
While the National Institute of Public Administration (INTAN)
fulfills most of the training needs of local authorities in the
fields of executive development, management, information technology,
finance, language and communication, media technology and training
of trainers, there are other public agencies that also provide
training for local government personnel. These include the Public
Works Training Institute (IKRAM), the Institute of Public Health,
the National of Public Health, the National Valuation Institute
(INSPEN) and local universities and various state governments
that conduct training through their own training outfits.
Extent of Public Participation
The important role public participation plays in the management
of a particular locality is universally accepted even though the
extent and degree of participation may vary from one country to
another or amongst local authorities themselves. In Malaysia,
participation can take many forms and levels of involvement. According
Phang and Nooi (1989: 65-68), the term covers at least four general
features that are by no means exhaustive, but seem to imply a
system of representative or participatory democracy in local governance:
Consultation, where the council identifies
an issue and seeks public response;
Direct involvement or power sharing,
where the community is a full member in the decision making
body;
Community action, where groups put forward
their own demands; and
Community self-management, where groups
have control over facilities and resources.
Public participation in local government activities in Malaysia
depends on a number of factors: types of local government - municipal
or district - local leadership and finance or resources. In most
cases, the public will participate in local authority-driven activities.
For example, the Municipal Council of Petaling Jaya recently launched
a river clean up campaign near Sungei Ara squatter settlement
areas as part of its river beautification programme (The Star
1997). However, there are instances too where programmes are community-driven
and local councils will assist residents with logistic support
through the loan of their lorries and equipment. Corporate bodies
or local politicians sponsor the provision of refreshments during
such community self-help programmes. The activities where public
participation is most common are those related to maintenance
and routine services such as clearing rubbish from drains and
along roads in housing estates and clearing unwanted vegetation
along riverbanks as part of the "Love Your River Campaign", a
national effort promoted by the government. Some of these resident
associations may assume the role of a local pressure group in
voicing the people's concerns on issues affecting them such as
new traffic routing and congestion and proposals to increase population
in a particular area through erecting high-density condominiums.
Another other important avenue to participate in the running
of a local authority is through councilors appointed by the government
taking part in local councils. According to the Local Government
Act (1976), the appointment of councilors is done: "From amongst
persons 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 or industry, or are otherwise
capable of representing the interests of their communities in
the local authority area (Malaysia 1976: 18)". Section 10 of the
Act stipulates that number of councilors in a particular council
may range from not less eight to not more than twenty-four. Even
though the state government control them, the councilors may be
viewed as representatives of the area from where they hail or
representing various business communities or interest groups.
The councilors provide a channel of communication between the
local government and the local residents. They sometimes act as
mediator in times of disputes over land matters and environmental
issues such as dust problems caused by lorries ferrying earth
and noise made by developers working overtime.
Rapid socioeconomic development and the emergence of a larger
middle class also saw the proliferation of interest and pressure
groups and non-governmental organizations (NGOs). Voluntary welfare-oriented
organizations, citizen watch groups, consumer and neighbourhood
associations and environmental protection societies want local
authorities to acknowledge the contribution these bodies can make
to solve a range of issues pertaining to urban management such
as environmental pollution, beautification, improving the quality
of life of residents and preserving the heritage of the community.
In Petaling Jaya for instance, a voluntary organization is being
formed to help with the planting of trees in Bukit Gasing to replace
those that were burnt by an irresponsible section of the society.
Under tight financial constraints facing the country, local authority
cannot be expected to be responsible for such community services
all the time. This is where the community and other voluntary
organizations play a crucial role. It will also allow the local
council to rechannel its resources to improving its services in
other areas such as squatter and traffic improvement schemes.
The element of public participation has also been incorporated
in the Town and Country Planning Act particularly with regard
to the preparation of the Structure Plan. According to Section
13, in preparing the Plan, local planning authorities must consider
representations from the public. In this case, adequate publicity
and access to both the draft Structure and Local Plans would have
to be made available to the general public. Under the Act, the
State Planning Committee would receive all objections from the
public against the Structure Plan and a public local inquiry would
be formed to study these objections and suggestions. Both the
plans may be changed and modified after taking into consideration
the views of the public. In this context, the Town and Country
Planning Act of 1976 may be viewed as an important cornerstone
in the history of the development of physical planning whereby
the role of public participation is formally recognized.
As the level of education and affluence rises, local authorities
must recognize that public participation has an important role
in the decision-making process of a locality. The public or residents
are more likely to know of their rights and hence would be in
position to assert them if the need arises. In view of the growing
expectations and the general demands of the local population,
local governments must be responsive to meet public needs by harnessing
the untapped reservoir of talent and resources of the communities
in many of their activities. Through better and effective local
government-citizen interaction and participation, a win-win situation
could be created in which all parties, such as the local authority,
residents and business communities in Malaysia, could gain from
holistic partnership.
The Way Ahead
Rapid economic growth, population increase and urbanization that
characterize most countries in the Asia-Pacific region impact
inevitably on the urban environment. The emergence of new issues
and problems poses new challenges to traditional ways of managing
urban areas. It entails new approaches, strategies as well as
practical and effective answers and solutions from local authorities.
Greater globalization of the economy, accelerated advances of
information technology, greater demands for accountability of
results and the need to foster closer public and private collaboration
pose tremendous challenges to national as well as local governments.
One of the emerging issues arising is whether Malaysian local
authorities, particularly the smaller ones, will have the capacity
and capability to assume new roles to meet new challenges. In
the future, local authorities must move from a maintenance-oriented
administration to being a facilitator, pacesetter and regulator
of socioeconomic development in order for them to contribute effectively
towards the nation's competitiveness.
With regards to these challenges as well as the capability and
need to reform to remain effective, the Prime Minister commented
that: "Given these rapid changes in the world economy, the public
service must be prepared to confront new sets of challenges in
the 21st Century (...). Continuous efforts must therefore be made
to review the public service so as to be in line with the current
needs and times. We need to look into new ways and means to improve
and enhance the capability of our public service (Mahathir 1995:
12)". As part of the national efforts to reform the public service
in meeting the current needs and times, local governments together
with other public agencies have been undertaking a number of reform
programmes based on a series of strategies. These reform efforts
are intended to create excellence in the public service based
on the core values of quality, productivity, innovation, integrity,
accountability, discipline and professionalism and include:
The provision of customer oriented services;
Improvements to systems and procedures;
Greater use of information technology;
Strengthening relationships with the
private sector;
Improvements to the organizational structure
and human resource management;
Enhancing accountability and discipline;
and
Enculturation of values and excellence.
As instruments of national development, local governments in
Malaysia have changed fundamentally, albeit slowly from a service
provider to a facilitator of growth. Besides, local governments
have assumed a more developmental role in creating an enabling
environment for businesses to thrive and for citizens to prosper.
In the age of rapid urbanization and globalization, the ability
to manage change and fast-paced development is an important imperative
for local government. This entails continuous capability and capacity-building
efforts, reforms, innovations and the willingness to learn from
others.
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