BASED on news reports, including theSun (Aug 26), it is easy to conclude that Councillor Keshminder Singh’s outburst against Subang Jaya state assemblyman Hannah Yeoh for sitting among the councillors was unnecessary and inappropriate. For some Malaysians, it was even rude.

While Keshminder is being criticised, important issues remain unresolved.

Can anyone, say a reporter, sit among the councillors if she needs to use her laptop? Do council presidents or mayors who chair meetings have the power to allow a non-councillor to sit with the councillors?

More importantly, do presidents or mayors have the power to allow assemblymen or MPs to attend and speak in council meetings, including committee meetings? Does the Selangor state government have the power to allow assemblymen or MPs such privileges?

There is little doubt that a reporter would not be allowed to sit where Yeoh sat. It is also doubtful council presidents or mayors have the power to allow anyone to sit with the councillors in formal meetings.

Keshminder did have the right to question Yeoh’s sitting position. But he could have done it in a more appropriate manner, such as with a written note to the president. After all, Yeoh did have the permission of the council secretariat and before the incident, she did not say anything.

It is no fun to be in the council chamber. Full council meetings are generally boring as important and controversial issues are debated in committee meetings. Furthermore, there are no opposition councillors to elicit passionate debates.

Despite the disdain for the reputation of "longkang politicians", most elected representatives, unlike Lim Kit Siang or Karpal Singh who need only to vocalise national issues to be popular, have to solve municipal problems, such as clogged drains or illegal hawkers.

Yeoh’s presence in the council was her commitment to serve diligently.

Nevertheless, while it is commendable of any assemblyman or MP to spend time in council meetings, only those who are appointed councillors and have taken an oath to serve should be allowed to take part. Assemblymen and MPs are elected representatives in the state assemblies and Parliament respectively. They have no right to take part in local council meetings, even though they do not vote.

By their utterances or even presence in committee meetings, they could influence council decisions. This blurs accountability and is against good governance. More importantly, it could nullify decisions.

As a general rule, local councils in Malaysia can only do things that they are allowed to do.

There have been cases of local councils overstepping their power. For instance, in 2005, the Selangor High Court found that the then Petaling Jaya Municipal Council did not comply with the provisions of the Town and Council Planning Act and as such the development order for building two blocks of apartments in Taman Desaria was nullified. The judge also ordered the council to pay part of the damages to the aggrieved residents (theSun, Oct 25 and 28, 2005).

(It is surprising that so far no one has been prosecuted for the numerous cases of non-compliance).

It is also strongly believed that the Selangor government has no power to allow MPs and assemblymen to attend and speak in council meetings. Although local authorities are creations of state governments, they are not departments. They are local governments, operating under specific laws and there is no law that allows assemblymen or MPs to attend and take part in council meetings.

The statement in The Star on Aug 30 that "Under the Local Government Act, there is a clause that states that state assemblymen and even MPs can attend full board meetings as observers" is wrong. There is no such clause. Anyone can be an observer in full council meetings.

So far, no president or mayor has publicly protested against the policy of assemblymen and MPs attending council meetings. Are they not concerned about its legality and the impact on council decisions?

What are the Housing and Local Government Ministry’s views on this matter?

Assemblyman and MPs, of course, should be allowed to attend and speak in full council meetings; but so does every resident of the municipality. The law should be amended so that everyone, with the chairman’s permission, can speak.

Dr Goh Ban Lee is a retired academic interested in urban governance, housing and urban planning. Comments: feedback@thesundaily.com