Local councils outsourcing statutory functions


Two internal councils in Johor have been delegating their functions to a in isolation company, which a counsel says is illegal
PETALING JAYA: Can a internal legislature nominee a duties to a in isolation entity? Two internal councils in Johor seem to have been doing this for years.
The Johor Bahru Tengah Municipal Council (MPJBT) as well as a Kulai Town Council (MPKU) have been outsourcing a orthodox functions to Southern Ads Sdn Bhd, a in isolation company.
"Southern Ads does a chartering for banners as well as buntings. We only authorize chartering for business premises as well as signboards," pronounced an central from a MPKU's chartering department.
The official, who claimed anonymity, pronounced which a internal legislature has been delegating tasks to a in isolation association for a long time, but could not endorse when this use started.
An central from MPJBT's chartering department additionally pronounced this has been starting on for some years. "For bunting as well as ensign licenses, please refer to Southern Ads," pronounced a official.
When contacted, a staff from Southern Ads, who did not want to named, pronounced which they have been arising bunting as well as ensign licenses on interest of both internal councils since 2004.
"We're a concessionaire for MPJBT as well as MPKU," pronounced a staff, who could not contend if it was legal for them to be receiving over a councils' orthodox functions.
"I don't know. we just work here," was her discerning response.
It's illegal, says lawyer
However, counsel Derek Fernandez pronounced it was illegal for internal councils to nominee jobs to a in isolation entity under a Local Government Act 1976.
"Parliament has since energy or option to a sold body or person, afterwards which energy or option must be exercised by which body or person.
"Any try to nominee such energy to a third celebration or any other outward body is illegal as well as ultra vires," pronounced Derek who is additionally a councillor with a Petaling Jaya City Council (MBPJ).
He cited a Subang Jaya Town Council (MPSJ) when it tried to privatise health department approvals for restaurants to a third celebration during a previous state administration.
"After most conflict from several parties, we found which it was illegal for them to do so," he said. If such practises have been allowed, it should additionally be legal to privatise a entire internal council.
"We can start privatising a state as well as federal government. No need to call for elections we can privatise supervision powers to third parties for a 100-year contract," he said.
FMT's calls to MPJBT as well as MPKU presidents Md Fuzi Ahmad Shamimi as well as Md Rofiki Shamsuddin for construction were unsuccessful.
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