Local elections could unsettle KL governance framework, feasibility report says

Restoring local elections in Kuala Lumpur could unsettle the capital's governance framework and alter the appointment structure agreed under the Federal Territory of Kuala Lumpur Agreement, according to the Final Feasibility Report on Amendments to the Federal Capital Act prepared by the International Islamic University Malaysia (IIUM).

The report said that under Article I of the agreement, the Sultan of Selangor ceded sovereignty over Kuala Lumpur, while Article V provided for the establishment of an Advisory Board as part of the capital's administrative structure.

"At the same time, the act preserves an element of institutional linkage with Selangor by providing for the appointment of a representative named by the Sultan of Selangor to the Advisory Board.

"Local elections would not only change the appointment structure that was agreed upon, but could potentially challenge the constitutional position accorded to the Sultan of Selangor at the time of the cession of the territory," the report said. (Quotes translated from Bahasa Melayu.)

The Federal Territory of Kuala Lumpur Agreement was signed on Feb 1, 1974 by the then Yang di-Pertuan Agong, Sultan Abdul Halim Mu'adzam Shah, on behalf of the federal government, and the then Sultan of Selangor, Sultan Salahuddin Abdul Aziz Shah, for Selangor.

The report also said that since Kuala Lumpur's administration was established on the principle that the capital belongs to all Malaysians and not only to city residents, the right to determine its policies and direction should remain with the country's highest administrative body.

"This is supported by the fact that funding for major infrastructure development such as roads, housing and sewerage systems is financed through taxpayers' funds from across the country, and not from Kuala Lumpur residents alone," it said, invoking the principle of "He who pays the piper calls the tune".

Earlier today, Kepong MP Lim Lip Eng said Parliament has the power to restore local elections, and called for the Federal Capital Act to be amended to establish a city council with a majority of members elected by residents.

He said the government should also amend the relevant provisions in the Local Government Act or expressly exempt Kuala Lumpur from them, before empowering the Election Commission to conduct local polls.

Lim argued that "whoever monitors DBKL must be elected by Kuala Lumpur residents through the ballot box, not determined by the government".