A Case for Independent Local Government
By S. Jamal Al-Idrus
Frequently, when we talk about governments and governance, the focus is on the top tier. In the Malaysian context, that top tier would be the Federal Government. Occassionally, state governments, too, get a bit of focus, but usually surrounding some scandal or irregularity. Similarly, the focus on local governments are usually for all the wrong reasons.
While Malaysia has a multi-tier system of government, the general perception is that the Federal government exerts its influence throughout the tiers. Whether or not this is merely a perception, or if there is some element of truth, is arguable.
The question remains, however, is what does make good governance? Related to that question would be, in the case of the Federal government, how pervasive should be its influence? At the same time, there is the question of public amenities, such as public transportation, the road and highway network, utility supply (water, electricity, and gas). Which level of government should be responsible for what? Although some ideas are presented here, the reader should bear a few things in mind. Some may think of these as disclaimers, and they would probably be right.
This essay is not meant as a critique of the current state of governance in Malaysia. Rather, it is one citizen's view of what he thinks would be ideal. Inevitably, however, where there are shortcomings in how the various tiers of government are run, these will be highlighted.
The ideas presented here are simply that - ideas. Some of these ideas may not be feasible due to how the Federal Constitution, and various existing laws, are written.
Ideas presented here assume that there is no undue political interference. In the real world, however, such interference are the norm, rather than the exception. These ideas, therefore, assume an ideal situation.
All Tiers of Government Must be Elected
Malaysia, as with many other countries around the world, has generally three tiers of government - Federal, State, and District (or Local). While the first two tiers are formed through citizen elections, local governments, as of 2006, have been appointed by the state governments the respective districts lie within. In the case of Federal Territories (like Kuala Lumpur), the local government is appointed by the Federal Government.
Personally, I think that the first step towards a local government that is fully accountable to its constituents is the reinstatement of local elections. The biggest perceived drawback to an appointed local government is the political patronage owed to the state government that appointed it. Furthermore, it may be best that local government elections, should they be reinstated, differ from parliamentary or state elections, in that the candidates are independent individuals, and not candidates running on a political party platform. This ensures that local governments are independent enough to be able to operate free from any political leanings or interference.
Clear Demarcation of Responsibilities
In a three-tiered governmental system, as has been envisaged here, there must be clearly defined demarcations of responsibilities. But how should these responsibilities be demarcated? As simple as it may sound, I feel that there are only two main criteria: Jurisdiction and Commonality of Purpose. Jurisdiction here refers to the physical boundary of each tier of government, working from the bottom up.
Take, for example, the municipality of Ampang Jaya, which is physically located within the state of Selangor. The responsibilities of the Ampang Jaya municipality council (MPAJ) are quite clear-cut - they take care of the basic maintenance of their jurisdiction, providing services such as refuse handling, business premise licensing, building code compliance, building and maintenance of public amenities (such as community centers, bus stops, etc.), and traffic management, among others.
An elected Ampang Jaya council, particularly using the election model indicated earlier, would ensure that these tasks can be carried out without fear of political considerations getting in the way. And if the council doesn't perform up to the expectation of its constituent residents, due process will make sure the same underperforming individuals within the council don't linger on. That way, accountability will be primarily to its constituents.
But Ampang Jaya, with Petaling Jaya, Selayang, Shah Alam, and Klang, combined with Kuala Lumpur, form what I hypothetically call the Klang Valley Metropolitan Area (or KVMA, for lack of a better acronym). And in a world-class metropolitan area, certain functions are shared across jurisdictions. This is where Commonality of Purpose comes into the picture.
The easiest example to illustrate this would be a mass transit system to cater for our hypothetical KVMA. In most real world metropolitan areas, mass transit is usually operated and managed by one single agency, covering rail and road public transportation. For the purpose of our example, let's call that agency the KVMTA (Klang Valley Mass Transit Authority).
The service that KVMTA would provide benefits all municipal areas within the Klang Valley, and therefore would be jointly funded by all physical jurisdictions involved. Other than that, KVMTA would be autonomous, or at the very least under the direct purview of KL City Hall, in cooperation with the serviced municipalities.
Locally, the municipalities would provide infrastructrue, such as terminal stations, and intermediate stops, on behalf of the KVMTA, and may, if needed, provide feeder services to the larger (or terminal) stations. However what KVMTA provides should not be duplicated by the local municipalities. Rather, they should complement what the KVMTA has to offer.
Roles within a Tiered Government Structure
Thus far, we've discussed the lower two of the three tiers. What, then, would be the responsibility of the Federal Government?
In a tiered structure as what has been mentioned here, the role of the Federal Government (apart from running the country) is to set broad guidelines pertaining to various functionalities, for instance, building codes, traffic signage standards, business laws, etc. These would be enforced by the local government, with the state government playing an advisory role, and perhaps adding to those guidelines certain clauses pertinent to a given state.
In our hypothetical KVMTA example above, the roles and responsibilities of a metropolitan transit authority would probably be defined at the federal level, but executed locally, without interference from the federal government.
Another example we could look at is traffic signage. Ideally, there should be one national standard applied consistently throughout the country. Although in theory this is true of Malaysia, it is not uncommon to find signages unique to certain states or even districts, particularly when it comes to color schemes.
Some might argue that the only way to have consistency is to have one national agency to implement traffic signages, even at the local government level. I would counter, however, by saying that this is true only in terms of developing and maintaining standards.
If the guidelines and standards are clear and well written, the implementation of these can be carried out independently, at the local level, without interference from the national agency, apart from the role of auditing and ensuring that the standards are followed.
This is another reason why local governments need to be independent of political party pressures. Otherwise, established standards and codes will inevitably have to be bent to appease the more politically connected individuals who happen to live within a particular jurisdiction.
Overcoming Duplication and Inefficiency
The main aims behind a clearly demarcated boundary between federal, state and local governments should be efficiency, and eliminating duplication of roles. When a higher tier interferes too much with a lower one, there inevitably tends to be duplication of roles and overlapping of jurisdiction. This in turn, causes inefficient implementation, delays and wastage of resources.
But in setting up boundaries, each level of government must also be willing to let go of a certain amount of power. Realizing this can only be achieved if the bigger aim of governance is recognized: the efficient mangement of people and resources. Sadly, this bigger aim is frequently tainted by personal interests. This is true everywhere and not only in Malaysia.
What's lacking in our current local government system? In my opinion, there are three things: independence, accountability and oversight. And perhaps it is because of these three things, citizens on the ground, the people most affected are of the opinion that the "government" isn't doing its job. Why are these three elements important?
Independence is required because ideally a local government knows best what its jurisdiction needs, and how best to provide for those needs. Being able to best provide these needs requires a certain amount of leaway, and without undue interference from the state or federal government.
Being forthright in providing those needs is where Accountability comes in. Ultimately, the constituents within a local government's jurisdiction are the ones to best be able to judge the efficiency and effectiveness of their local government, and power should be give to these constituents to decide.
As a means of checks and balance, Oversight is required. In the case of local governments, oversight by the state governments. But Oversight does not mean interference - it merely means that what the local government does is on the up-and-up, does not contravene any state law, nor deviates from the stated intentions of those actions.
Challenges and the Way Forward
Is there a way forward? Absolutely. But it will not be easy. The first challenge will be to reinstate local elections, which apparently, as the Pakatan states found out, requires an act of Parliament to amend the Local Government Act of 1976, which institutionalized appointment as the means of selecting a local government.
To state each and every aspect of what needs changing in how Malaysia is governed would require a very long and detailed thesis. What I've discussed here is admittedly a very broad, general overview.
Where we can start is from the bottom - at the local level - and it is there that we should focus. Just like in a building, the most important aspect that will determine the building's sturdiness is its foundation. Local government, I believe, is that foundation. And as has been pointed out, there are challenges even from the get-go. But these challenges are not impossible to overcome, if there is a will to tackle them. And as they say, where there's a will, there will be a way.
S. Jamal Al-Idrus is many different things to different people. Some know him as a systems engineering professional in the world of oil & gas, some know him as a part-time musician, and some know him as a part-time writer and blogger. Among other things. But mostly, he's a concerned citizen who's hopeful for a better future for his country.