Flag Gaffe Dap S Boo Wants Council President Probed For Overreach

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Johor DAP’s Dr Boo Cheng Hau has petitioned the state civil servants commission (SPAJ) to launch disciplinary action against Pontian Municipal Council (MPPn) president Azim Shamsuddin.
He accused Azim of failing to correctly interpret the jurisdiction granted under the Local Government Act when deciding to order two premises to cease operations for 30 days on the grounds of incorrect display of the national and state flags.
“The press statements and conduct of the president regarding the closure orders issued to two premises, in Pontian and Pekan Nenas respectively, due to displaying the Malaysian and Johor state flags upside down, is believed to have exceeded the jurisdiction of a local government as stipulated by the Local Government Act (Act 171).
“The president, through a press release, has defended his position that a mini-market premises in Pekan Nanas and a dental clinic in Pontian were ordered to close for 30 days based on MPPn’s By-law 49(2).
“He declared that the supposed by-law gives him the authority to close any premise that ‘violates the terms of the licence or by-laws’,” Boo added in a statement.
However, the Taman Ungku Tun Aminah DAP branch’s publicity secretary claimed that Azim’s press release had misled the public.
Dental clinic at Pontian, Johor“By-laws are enshrined in the provisions of the Local Government Act. The jurisdiction and licensing powers of the local governments are limited to incidents involving public nuisance, health, and hygiene problems within their respective boundaries, which is clearly stipulated in Sections 72 and 73.
“Therefore, the enforcement powers of the local governments and their by-laws should not exceed the limitations of their jurisdiction stipulated in Act 171,” he added.
Police jurisdiction
Boo said the power to monitor and regulate the manner of displaying the national or state emblem and flying the national or state flag is stipulated in the National Emblem (Control of Display) Act 1949 (Act 193), which means that the police are responsible for enforcing this Act.
He emphasised that cases regarding this issue must be determined by the public prosecutor whether to be brought to court after police investigations.
“Therefore, the municipal council is not given any power by any parliamentary Act, including the Local Government Act, to punish offences committed under this Act.
“The actions and statements of the council president have exceeded his jurisdiction and authority granted by the provisions of Act 171 and encroached on the jurisdiction of Act 193,” he added.
Therefore, Boo said he submitted a petition to urge the SPAJ to conduct a disciplinary investigation into the statements and conduct of the president pursuant to Section 4 of the Public Officers (Conduct and Discipline) Regulations 1993.
The DAP man said the probe should determine if Azim’s actions and statements tarnished the public service by misinterpreting Acts 171 and 193, or if he was negligent for not knowing his jurisdiction and if he had failed to seek advice from the state legal adviser before ordering the closures.
“Encouraging the parties involved to make an appeal to the municipal council to reduce the tenure of the closure orders is unfounded because the closure orders in question are invalid or ultra vires.
“Therefore, the MPPn is urged to withdraw the closure orders before any judicial review is filed in court,” Boo added. - Mkini

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