I have sent a letter to Selangor Menteri Besar, Dato Seri Dr Mohd Khir bin Toyo, this morning highlighting a legal point on the position of Dato Zakaria bin Md Deros, Mazlynoor bin Abdul Latiff and Faizal Abdullah as councillors in the Klang Municipal Council as I have pointed out in my press statement on 31.10.2006.
I have said that the tenure of the trio had expired on 3.9.2006 and their new appointments have not take effect as they have not sworn in to take office.
Section 11 of the Local Government Act 1976 provides as follows:-
“A councillor shall not act in the office of Councillor unless he has made and subscribed before a local authority a declaration of acceptance of office in Form A of the First Schedule hereto and such declaration shall be free from stamp duty.”
Form A as stipulated in the said Act is as follows:-
“I….. , having been appointed a Councillor of the ….. of ….. declare that I take the said office upon myself and that I will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability.”
As such, the issue of resignation by Zakaria, Mazlynoor and Faizal does not arise at all. Khir Toyo should either revoke their appointments or advise them to decline the appointment honorably.
As Khir Toyo has misled the Sultan of Selangor and the people on the position of the councillors and as he is proven to be so ignorant of the power provided by the Local Government Act 1976 on the appointment of professionals as councillors, I have urged him to resign.