JOHOR BAHRU, Aug 29 — Johor DAP activist Dr Boo Cheng Hau has launched a petition against the Pontian Municipal Council (MPPn) president, claiming his order to shut down two businesses for improperly displaying flags was beyond his legal authority.
The petition was submitted to the Johor Public Service Commission (SPAJ), requesting a disciplinary investigation into MPPn president Abdul Azim Shamsuddin.
Dr Boo, a former state assemblyman and Johor opposition leader, alleged that Abdul Azim exceeded his mandate when he ordered a 30-day closure of a mini-market in Pekan Nanas and a dental clinic in Pontian.
The businesses were penalised for flying the Johor and Malaysian flags upside down, based on MPPn by-laws.
In his statement today, Dr Boo contended that the council president failed to correctly interpret the jurisdiction granted under the Local Government Act 1976.
He explained that the display of national or state emblems is governed by a separate federal law, the National Emblems (Control of Display) Act 1949, and that cases under this act must be investigated by the police and handled by public prosecutors.
“His recent orders appeared to be ultra vires as local governments’ licensing powers are limited to matters of public nuisance, health, and hygiene within their boundaries,” Dr Boo said.
“Therefore, the enforcement powers of the local governments and their by-laws should not exceed the limitations of their jurisdiction as stipulated under the Local Government Act 1976.”
Based on this, he argued that no local council, including MPPn, has the authority to punish violations related to the display of national emblems.
The petition urges SPAJ to conduct a disciplinary investigation into Abdul Azim’s conduct as a senior public officer.
Dr Boo also wants the commission to examine whether the president failed to consult the relevant laws, acted negligently or in ignorance of his own jurisdiction, and whether his actions tarnished the reputation of the Johor Civil Service.
“MPPn is urged to withdraw the closure orders before any judicial review is filed in court,” Dr Boo concluded, signalling a potential escalation of the legal challenge.
