A former Johor DAP chairman has submitted a petition to the Johor Public Service Commission (SPAJ) requesting a disciplinary investigation into Pontian municipal council president Azim Shamsuddin for ordering the closure of two businesses which displayed the Malaysian and Johor state flags upside down.
Dr Boo Cheng Hau’s petition challenged Azim’s decision to issue 30-day closure orders for a mini-market in Pekan Nenas and a dental clinic in Pontian after their blunders. Azim had said that the council’s by-laws allowed him to close premises that “violate the terms of the licence or by-laws”.
Boo today said Azim’s orders appeared to be ultra vires as local governments’ licensing powers are limited to matters of public nuisance, health, and hygiene within their boundaries, as specified in Sections 72 and 73 of the Local Government Act 1976.
The former Skudai assemblyman said the display of national or state emblems and flags is governed by the National Emblems (Control of Display) Act 1949, and that cases under this act must be investigated by the police and determined by the public prosecutor before being brought to court.
“Therefore, no local government, including the Pontian municipal council, has the authority under any parliamentary act to punish violations of Act 193,” Boo said in a statement.
He also said that the closure order for the dental clinic was beyond Azim’s authority as licensing and operations of private healthcare facilities fall under the health ministry pursuant to the Private Healthcare Facilities and Services Act 1998.
Boo called on SPAJ to investigate whether Azim had sought clarification from his superiors or the state legal adviser before issuing the closure orders.
He also urged SPAJ to probe whether Azim had misinterpreted the council’s by-laws without consulting the relevant parliamentary acts; whether his actions were negligent or reflected ignorance of his own jurisdiction under the Local Government Act; and whether his actions had tarnished the reputation of Johor’s civil service.
Boo added that the Pontian municipal council should withdraw the closure orders immediately to prevent a judicial review in court.
