Wednesday, October 08, 2008

No breach of constitution

Talking about my recent postings on Pemudah adopting DBKL, and my proposal that KL should be returned to Selangor if Pemudah fails to improve DBKL, there are several misunderstandings from some bloggers.

First, though KL is constitutionally made part of the Federal Territories (in fact, KL was the first FT in Malaysia), the constitution is not something that cannot be amended. To say that my proposal to return KL to Selangor state government is an act equivalent to “essentially challenging the federal constitution of Malaysia” is exaggerative.

If this argument can be accepted, then are we saying that the “taking away of KL from Selangor” in 1974 is also equally challenging the then federal constitution of Malaysia? Certainly it is not.

I need not to explain the real reason behind the take-over of KL by the Federal government in 1974 although it was done unilaterally by amending the federal constitution and also the Undang-undang Tubuh Negeri Selangor (The Selangor State Constitution) in 1974. 

Talking about Undang-undang Tubuh Negeri Selangor, now some critics have been referring to the Federal Constitution as if KL is not related to Selangor. Yes, KL is now totally unrelated to Selangor but how many of us know that the the Federal government’s unilateral decision to take over KL in 1974 could not be a successful one if the Selangor State Constitution is not amended?

I do not have to rally for support from the 12 KL MPs, I do not have to table motion to amend any constitution. What is required is to let Pemudah do their jobs first and if they fail, KL city folks should be given the right to decide. In this case, probably we can have a referendum. Do not forget that when the Federal government decided to take over KL from Selangor, KL city folks were left with no choice but to swallow the decision. DAP MPs and ADUNs fought for the right to decide to be given to KL city folks but to no avail. 

Situation has changed now and let’s give them the right to decide before anybody made the decision, and my stand stays, that KL should be returned to Selangor if nothing improves with the adoption because Selangor “surrendered” KL to Federal with the promise that KL folks will be leading a better life after 1974, which is now proven the opposite.

3 comments:

Bentoh said...

I'm very well aware of the "reasons" behind the designation of KL under the name of Federal Territory...

But mind you, the federal constitution has correctly defined the status of KL, and the state constitution of Selangor had been amended to meet the federal constitution status...

There is no law regarding referendum in Federal constitution but I'm OK with running a referendum. But why do you think it is not important to realize that Malaysia is a federation under the constitutional monarchy system, of which the federal territory was designated such that KL, Labuan and Putrajaya are directly under control of Yang Di-Pertuan Agong?

And did you realize that the Datuk Bandar of KL is appointed by Yang Di-Pertuan Agong? Why do you think there is no conflict with federal constitution over your suggestion.

It is more important to rally for a local election in DBKL... than to talk about taking over the governance right... I'm sure the KL MPs are more interested in bringing KL mayoral election, then to challenge the constitutionality and surrender the KL to Selangor...

LAU WENG SAN said...

Yes, Malaysia is a federation and if KL was deliberately carved out of Selangor due to the political survival of BN in 1974 in the name of development (in case it is getting worst), then what's the purpose of putting it under the direct jurisdiction of KL?

Moreover, the federation already has Putrajaya in the Peninsula and Labuan Island in East Malaysia to cater for its needs. Putrajaya is the new federal government administative centre and has taken away most of the political role played by KL before.

The appointment of KL Mayor whether under the Sultan of Selangor or under the Yang Di-Pertuan Agong is a non-issue. What is of utmost importance here is whether KL is better under Federal Government or State Government.

I am saying the the latter is better looking at the fact that we do not know how soonest local election can be restored in Malaysia but if KL is under a state government, namely Selangor State Government, DBKL will have its own councillors and it will definitely do all KL city folks a great favour.

Unknown said...

I am much impressed by such thoughtful proposal of YB.The ability to think outside the box of stale ideas flogged by bn is indeed refreshing.