Unpaid community service clause unconstitutional, says Hassan Karim
HL: Unpaid community service clause unconstitutional, says Hassan Karim
Qistina Sallehuddin, Nor Ain Mohamed Radhi
KUALA LUMPUR: Government backbencher Hassan Abdul Karim has warned the government against proceeding with a clause in the proposed Local Government (Amendment) Bill 2025 that would allow unpaid community service orders to be imposed, cautioning that such provisions may amount to slavery and breach the Federal Constitution.
The Pasir Gudang member of parliament and PKR veteran said the proposed Section 104A(1), which allows a community service order to be made against individuals convicted of violating local council by-laws, contradicts Article 6 of the Constitution, which prohibits slavery and all forms of forced labour.
He also pointed out that the section defines community service as work or service that is not paid.
"This act (amendment) should not be rushed into approval. After reviewing it, I find that while the intention behind the proposed amendments is good, the method of implementation may contradict existing laws.
"From what I understand, work or service that is unpaid and must be carried out as a punishment could amount to practices resembling slavery, servitude, or forced labour.
"Referring to dictionaries, the Oxford Language Dictionary, for example, slavery is defined as a condition in which a person is forced to do hard labour without pay or recognition," he said.
Hassan also drew parallels to Section 9(5) of the Peaceful Assembly Act, which was enforced for more than a decade before being struck down by the Federal Court for being unconstitutional recently.
"This is what concerns me. As such, remove the provision for community service that resembles slavery.
"Instead, I propose that a fair and reasonable amount of wages or allowance be made mandatory for community service duties," he said.
Similarly, he also called for local government elections, which were once part of the country's system until 1965, to be revived.
This follows concerns over the legality of allowing unelected local councils to determine and enforce community service orders under the proposed amendments to existing legislation, he said.
"I wish to raise a question regarding the legitimacy or legal authority of local councils to create such by-laws, given that across the country there are 20 city councils, 40 municipal councils, and 91 district councils.
"Local authorities comprise mayors, municipal presidents, district council presidents, and appointed councillors, all of whom are not elected by the people.
"None of these positions were filled through elections, all were appointed. So is it legally valid for a local authority, such as Kuala Lumpur City Hall, to enact a by-law to determine the type of community service to be implemented?"
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