KLRA+SD notes that, in the recent cabinet reshuffle, a new minister has been put in charge of the Federal Territories, under the Prime Minister’s Department.
As an organisation established for the sustainable development of Kuala Lumpur, we believe that this can only be achieved through participatory governance and multilateral public engagement coupled with transparency, integrity, and accountability, with inclusive engagement of KL citizens, ratepayers and other stakeholders.
In the immediate term, we hope that Dr Zaliha Mustafa, as the minister in charge of Federal Territories, will recognise the aspirations and concerns of the rakyat and ensure that her administration – especially through the KL City Hall (DBKL) – will live up to the people’s expectations.
In particular, we hope that the new minister will look into current initiatives by DBKL as well as questionable developments that were approved before her appointment.
Recently, the Kuala Lumpur Structure Plan 2040 (KLSP2040) was gazetted, and it was gazetted without incorporating important input from residents, experts and other stakeholders.
There were 149 points raised by KLRA+SD, and no clear explanation/feedback was received from DBKL on why most of the points were not adopted.
This raises questions as to whether the government really cares about the concerns of KL citizens, or are there other stakeholders who have greater influence over the government.
Indeed, there is a pending court case regarding the Kuala Lumpur City Plan 2020 (KLCP2020), wherein the gazettement was allegedly illegal and the government had acted ultra vires. In that case, some 273 infringements were found in the gazetted plan, and they have yet to be resolved.
(For a general overview, read this article on the flawed KLCP2020, and for a specific example, see this article on the controversial Taman Maluri apartment complex.)
In light of the KLCP2020 experience, the government should learn from previous mistakes and ensure that measures are put in place to ensure compliance with the KLSP2040, and also ensure that DBKL is transparent and accountable, especially when issuing development orders.
In view of the forthcoming draft KLCP2040, we hope there will not be any repeat of the same mistakes – whether in terms of the development plans or the public engagement process.
Apart from the above, many will remember the controversial Taman Rimba Kiara development project when Tengku Adnan Tengku Mansor was the de facto FT minister (also under the Prime Minister’s Department).
Kuala Lumpur citizens had to fight the authorities tooth and nail to stop the proposed project, which involved taking the matter to court. Ironically, DBKL used taxpayer’s money to appoint lawyers to defend an indefensible project.
Similarly, DBKL had issued a development order in 2022 approving a project on Bukit Dinding, which is located in Wangsa Maju.
The development order was based on an environmental impact assessment that was not only outdated but it approved a development plan that differed significantly from the one submitted for the Environmental Impact Assessment (EIA).
Furthermore, it was indicated by the Environment Department (DoE) that the proposed development project does not comply with the department’s EIA Guidelines for Development in Slope and Hill Areas (published in 2017).
This development order is currently under judicial review and, again, DBKL has appointed lawyers to defend an indefensible case using taxpayers’ money.
In fact, there are a litany of failures when it comes to the governance and sustainable development of our national capital.
Examples include the recurring flash floods despite expensive flood mitigation projects, controversial developments taking place at the flood retention ponds, collapsing elevated expressways, dangerous and damaging landslides and the failed River of Life project – not to mention the persistent traffic congestion throughout the city despite all the expressways that road users have to pay for in Kuala Lumpur.
These government failures lead to economic losses – borne by taxpayers, ratepayers and businesses in KL – as well as a diminishing quality of life for KL residents.
As a member of the United Nations, Malaysia adopted the sustainable development goals (SDGs) in September 2015. However, at the recent National Planning Congress, Plan Malaysia shared a national planning process that lacks any mention of the SDGs, much less Goal 11, ie. Sustainable Cities and Communities.
This is shocking considering all the SDG-related platforms, such as the Majlis SDG Negara, the KL SDC Centre and the SDG Cities Network, have trumpeted the government’s commitment to the SDGs and sustainable development. This indicates to us that the government’s sincerity and commitment to the SDGs is highly questionable.
Hence, KLRA+SD expects the new FT minister to demonstrate her commitment to legal and institutional reforms to ensure that the development of Kuala Lumpur will be in line with the UN Agenda 21 (1992) and SDG (2015), as well as the broader principles of democracy.
One of the most glaring issues, in terms of institutional reform, is the discrepancies in the planning and development laws and guidelines applicable to the Federal Territories and those in other states.
The development and governance of Kuala Lumpur is subject to the Federal Territories (Planning) Act 1982, whereas towns and cities in other states are subject to the Town and Country Planning Act (1976).
For example, there are two sets of guidelines regarding development planning on hills and slopes.
Under the guidelines issued by the Town and Country Planning Department (under the Local Government Development Ministry), all forms of development projects on Class IV slopes are prohibited except infrastructure projects of national interest.
However, the guidelines issued by DBKL states that development projects on Class IV slopes can be considered subject to “engineering solutions”.
In the absence of elected councillors, we would like the current practice of monthly meetings between the mayor and elected KL parliamentarians to continue.
Until local government elections are reintroduced in KL, the parliamentarians should be given more oversight powers with regard to the city’s development to avoid the pitfalls of power being concentrated in the hands of the mayor and the de facto FT minister.
Apart from the SDGs, Malaysia has adopted the UN’s Agenda 21 in 1992, both of which emphasise the importance of local community engagement and participation in achieving sustainable development.
Thus, the government should proactively implement measures to involve local communities, including citizens, businesses, and non-governmental organisations, in decision-making processes related to urban planning and development.
Sincere stakeholder engagement, especially that espoused in Goals 16 and 17 of the UN SDGs, requires transparent, accessible, robust, responsive and inclusive engagement platforms and feedback mechanism.
After more than 30 years since the adoption of Agenda 21, and eight years since the SDGs, it is high time the government takes concrete steps to implement its international commitments in Kuala Lumpur.
Accordingly, we look forward to the Madani government reintroducing local government elections – especially in Kuala Lumpur.
With a population of about two million people, it is untenable for the capital of Malaysia to be governed by a federal government without representatives directly elected by its citizens.
We are very disappointed to note that Local Government Development Minister Nga Kor Ming, announced on December 11 that there are no plans to reintroduce local government elections.
This is, especially, disappointing given that the Pakatan Harapan manifesto for the 2022 general election points out that despite the huge annual budget of DBKL (approximately RM2.6 billion), the people still do not have the right to elect a local government.
Since 1976, when the basic democratic right to have an elected local government was removed under dubious pretexts, we have seen a decline in the sustainable development of Kuala Lumpur.
With this, a corresponding increase in the ills plaguing our city – a marked increase in cost of living, a serious drop in the quality of life for her citizens, increasingly serious traffic congestions, flash floods and landslides issues, economic loss and property damage caused by abysmal planning and maintenance, as well as rampant corruption and abuse of power.
Hence, in the longer term, we expect the new FT minister to not only plan for the physical planning but also to plan for democratic reforms, especially the reintroduction of local government election in Kuala Lumpur, so that the laws and institutions will enable citizens to play a meaningful role in the sustainable development of the city. – December 15, 2023
KLRA+SD is a registered NGO with members that represent residents’ associations in Kuala Lumpur, NGOs and institutions that support their mission.
It advocates for a sustainable and liveable Kuala Lumpur by providing a platform for residents to act collectively.