SHAH ALAM, July 12 — Local governments in Selangor have limited jurisdiction to authorise the closure of factories under its purview for operating during the enhanced movement control order (EMCO).
Lawyer Syahredzan Johan said this is because the Federal government has already gazetted the Prevention and Control of Infectious Diseases Act 1988 (Act 342) for the purpose to curb the Covid-19, which is applicable nationwide, including in states and districts.
“Act 342 also enables the Federal government to determine which economic sectors are allowed to operate, including essential sectors that are operating using the approval letter from Miti (International Trade and Industry Ministry).
“Therefore, there is a specific law in place to prevent the outbreak that is under the jurisdiction of the Federal government,” he said in a statement today.
In response to the call for the state government to act through local councils to withdraw the factories’ operating licences, Syahredzan said the local governments do not have discretionary power to do so without being subjected to judicial scrutiny.
Citing several local government by-laws that were said able to empower the local councils in revoking the licences of the factories, Syahredzan said this can only be exercised in good faith and if the violation of the terms and conditions of the licence are stated.
The by-laws mentioned include Section 107 (2) and Section 73 under the Local Government Act 1976 (Act 171).
“Let me use an analogy on driving licences issued by the RTD (Road Transport Department), where the RTD has the jurisdiction to revoke the licence. However, RTD cannot do so just to obstruct a person from crossing state borders during the MCO as the reason given has nothing to do with the violation of the Road Transport Act.
“The same applies to revoking the licences of factories by the local councils, which can only be done if there is a violation stipulated in Act 171, the terms of the license and the by-laws,” he said.
“This is what is being said as rule of law. All government bodies cannot act on their own accord and do as their please just to appear as though they are in power. It’s called rule of law, not rule by law” he said.
