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GENTING HIGHLANDS, Sat (January 27): Local councillors should not think that they are powerful officials because of the immunity granted to them from personal liability under the Local Government Act 1976 and Street, Drainage & Building Act 1974 reaffirmed by the Federal Court in the Highland Tower case, said Roger Tan at the Selangor Councillors Seminar today.

Tan, who is also the Chairman of the Conveyancing Practice Committee, said instead the immunity provisions were necessary because of the heavy statutory responsibilities which the councillors have to shoulder, and the duty which they owe to their communities and the public as a whole.

The seminar organised by the Selangor MCA was attended by all MCA councillors of the district, municipal and city councils in Selangor, including Selangor MCA State Assemblymen as it is the policy of the Selangor State Government to appoint State Assemblymen as local councillors.

Tan went on, however, to qualify that such immunity is only applicable if the councillors act in good faith when discharging and performing their duties under the two Acts. He added that the councillors however do not enjoy similar immunity under the Town and Country Panning Act 1976.

In his paper entitled "Authorisation and Mechanism of Federal, State and Local Governments", Tan dealt with the relationships between the Federal, State and Local Governments under the Federal Constitution and the Local Government Act.

Tan emphasised that councillors should ensure that their local authorities' decisions and actions are not ultra vires, otherwise such decisions are susceptible to judicial review. He also went through with the councillors the list of powers of local authorities listed under the Local Government Act.

"As councillors, you should always bear in mind 3 fundamental principles during every decision-making process, asking yourselves namely - (1) whether your decision is one which is so unreasonable that no reasonable authority could have made such an unreasonable decision (2) whether you have failed to give important consideration to a matter which you ought to have given, and (3) whether you have given an irrelevant consideration to a matter which you ought not to have given," said Tan.

His talk was later followed by a half-an-hour question-and-answer session which was moderated by Senator Datuk Yip Kum Fook who is also a member of the Bar.

Earlier, MCA President, Datuk Seri Ong Ka Ting who is also the Housing and Local Government Minister told the councillors to speak out during the full board council meetings if they find any project not beneficial to the people and ensure that the scheme is not approved. Ong said it would be pointless for the councillors to object to a project after the council has approved it.

The other Councillors who are also lawyers present were Datuk Hoh Hee Lee, State Assemblyman for Balakong, Datuk Lim Choon Kim, State Assemblyman for Damansara Utama, Datuk Theng Book, Councillor for Majlis Perbandaran Subang Jaya, Loh Yoong Keong, Councillor for Majlis Perbandaran Subang Jaya and Wong Wee Kok, Councillor for Majlis Perbandaran Kajang.

A momento was then presented to Tan as a token of appreciation by the Selangor State EXCO for Multimedia, Environment and New Villages, Datuk Ch'ng Toh Eng and Senator Datuk Yip Kum Fook.

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