Malaysia
Room for the third vote: What is the Federal Capital Act 1960, and why is PAS attacking DAP over calls to amend it?
Have you ever wondered why the development and management of KL, Putrajaya and Labuan are administered by the federal government instead of a local council? The Federal Capital Act 1960 is the reason. — Picture by Firdaus Latif

KUALA LUMPUR, Oct 23 — Political tensions are flaring again as PAS has openly criticised DAP over the latter’s alleged intentions to amend the Federal Capital Act 1960.

But what is this Act, and why has it become a hot debate? Malay Mail breaks it down for you.

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So, what is the Federal Capital Act 1960?

The Federal Capital Act 1960 is the law that formalised Kuala Lumpur as Malaysia’s capital and laid out its development and management by the federal government, unlike other towns and cities in the country, which are administered by local councils.

Since Kuala Lumpur became a Federal Territory (FT) in 1974, its administration has been handled by the FT Ministry and the Mayor with input from an appointed Advisory Board.

Unlike other cities, Kuala Lumpur lacks elected or appointed city councillors, leaving its governance highly centralised under federal jurisdiction.

What amendments are DAP pushing for?

DAP leaders, notably secretary-general Anthony Loke and vice-chairman Teresa Kok, have long called for reforms to the law regarding the appointment of city councillors for Kuala Lumpur.

This proposal is part of a broader effort to align Kuala Lumpur’s governance with other Malaysian cities, which operate under local councils with either appointed or elected representatives.

According to DAP, the ultimate goal is to reintroduce local government elections.

Federal Territories DAP has called for the Act to be amended during its convention on October 13, 2024. — Picture by Yusof Mat Isa

On October 13, the FT DAP during its convention urged the federal government to implement governance reforms within DBKL by introducing a system for appointing councillors, which is already required in all 14 states.

According to its chairman Tan Kok Wai, the move would be a preliminary step towards more comprehensive reforms, with the ultimate goal of reinstating local council elections, which are also called the third vote.

Loke recently described the proposal by the Federal Territory DAP to appoint council members to the Kuala Lumpur City Hall (DBKL) as a progressive step towards ensuring good governance.

But he also said the proposal would be taken up with the central Pakatan Harapan (PH) leadership council before any formal actions are taken.

That was also when Kok emphasised the importance of amending the Federal Capital Act to permit the appointment of councillors, similar to other local authorities governed by the Local Government Act 1976.

This, according to DAP, would enhance transparency, accountability, and representation for Kuala Lumpur residents, ensuring their interests are better reflected in the city’s administration.

DAP secretary-general Anthony Loke told the press that there will be pushback towards the suggestion to amend the Act. — Picture by Yusof Mat Isa

So why is it controversial with PAS?

Federal Opposition party PAS has taken the stance that amending the Federal Capital Act to be in line with the Local Government Act will potentially shift the power structure from the federal government to a more locally controlled administration.

Basically, the Islamist party thinks this could tip the political balance in favour of urban-focused parties like DAP, especially given their support base in metropolitan areas such as Kuala Lumpur.

Due to this, PAS has called on all parties to reject the proposed amendments, maintaining that the current system has proven effective in managing the FT.

The Youth wing of FT PAS had even accused DAP’s Nga Kor Ming of accomplishing this in his capacity as housing and local government minister and the proposed Urban Renewal Act.

At the core of it, however, if the fear that the ethnic Chinese would dominate urban areas. This point had previously been highlighted when Nga was appointed to the portfolio back in 2022.

In a statement last week, the wing also pointed to the spectre of the May 13 riots — alleging that the bloody incident only flared up in "Chinese-dominated communities” but not in Malay-majority areas such as the East Coast.

Data from civil group Tindak Malaysia provided to Malay Mail in 2022 showed that Kuala Lumpur is still dominated by Bumiputeras, and ethnic Chinese voters continue to fall in proportion despite still being the majority.

PH, which holds 10 of Kuala Lumpur’s 13 parliamentary seats, evenly divided between DAP and PKR, initially promised to reinstate local council elections when it came to power in 2018.

However, the coalition eventually dropped this commitment, citing insufficient support. To reintroduce local council elections, the coalition would have needed a two-thirds majority in Parliament.

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