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Boo accuses Pontian council of not complying with dept directive over closure orders
The former Johor DAP chief says a 2020 directive exempts clinics from being regulated by the local authorities
Former Johor DAP chairman Dr Boo Cheng Hau said in the case of the dental clinic that was given a 30-day closure order, only the health ministry had the authority to suspend its licence. (Facebook pic)
PETALING JAYA: A former Johor DAP chairman has accused the Pontian municipal council of overstepping its jurisdiction and defying a 2020 directive as the spat over a 30-day closure order after flags were displayed upside down continues.
In a statement today, Dr Boo Cheng Hau pointed out that a directive issued by the local government department five years ago stipulated that the licensing of professional premises including those of architects, engineers, lawyers and doctors were exempted from Section 102(s) of the Local Government Act 1976.
The section empowers local authorities to control and regulate trades, businesses, or industries via registration and licensing.
“In other words, their premise licences are governed by their respective professional Acts,” he said, referring to a dental clinic in Pontian that was issued a closure order last month.
Boo said that in the case of the dental clinic, only the health ministry had the authority to suspend its licence.
He also argued that as displaying national or state flags incorrectly was a criminal offence, the case also fell under the police’s jurisdiction.
“Local governments can only act on issues like public hygiene, public health matters and public nuisances.”
A few days ago, Boo 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.
The petition challenged Azim’s decision to issue 30-day closure orders for a mini-market in Pekan Nanas 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”.
In response, state executive councillor Jafni Shukor defended the closures saying it was founded in law and denied Boo’s claim that the orders were ultra vires and cruel.
Jafni said the basis for the orders were two by-laws – one authorises the council president to shut down premises that violate licence conditions or municipal by-laws and the other governs the proper display of the national flag and Johor state flag.
He said the closure orders were not issued arbitrarily and warned that sterner action would be taken if such acts recurred, adding there would be no compromise.
In a statement today, Dr Boo Cheng Hau pointed out that a directive issued by the local government department five years ago stipulated that the licensing of professional premises including those of architects, engineers, lawyers and doctors were exempted from Section 102(s) of the Local Government Act 1976.
The section empowers local authorities to control and regulate trades, businesses, or industries via registration and licensing.
“In other words, their premise licences are governed by their respective professional Acts,” he said, referring to a dental clinic in Pontian that was issued a closure order last month.
Boo said that in the case of the dental clinic, only the health ministry had the authority to suspend its licence.
He also argued that as displaying national or state flags incorrectly was a criminal offence, the case also fell under the police’s jurisdiction.
“Local governments can only act on issues like public hygiene, public health matters and public nuisances.”
A few days ago, Boo 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.
The petition challenged Azim’s decision to issue 30-day closure orders for a mini-market in Pekan Nanas 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”.
In response, state executive councillor Jafni Shukor defended the closures saying it was founded in law and denied Boo’s claim that the orders were ultra vires and cruel.
Jafni said the basis for the orders were two by-laws – one authorises the council president to shut down premises that violate licence conditions or municipal by-laws and the other governs the proper display of the national flag and Johor state flag.
He said the closure orders were not issued arbitrarily and warned that sterner action would be taken if such acts recurred, adding there would be no compromise.
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