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Town council management part of local govt, but courts not toothless: CJ

SINGAPORE — The highest court of the land yesterday (Nov 27) defined what the courts are empowered to do in dealing with town councils that fall short of their duties under the law.

Chief Justice,Sundaresh Menon. TODAY file photo

Chief Justice,Sundaresh Menon. TODAY file photo

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SINGAPORE — The highest court of the land yesterday (Nov 27) defined what the courts are empowered to do in dealing with town councils that fall short of their duties under the law.

Laws do not warrant the courts taking it upon itself to see that these obligations are abided by, since town council management is an aspect of local government, said Chief Justice Sundaresh Menon. But neither are the courts merely an “irrelevant and ... toothless observer” in such situations, he added.

Rather, judges’ powers extend to handing down orders that would be effective in compelling such errant town councils to perform their statutory duties, said CJ Menon.

The ruling was set out yesterday in the apex court’s decision on the authorities’ application for independent accountants to be appointed in Aljunied-Hougang-Punggol East Town Council (AHPETC), following major lapses detected in the Workers’ Party’s running of the organisation. The lapses include tardy transfers to the town council’s sinking fund as well as the integrity of payments in related party transactions.

The Ministry of National Development and Housing and Development Board had argued for independent accountants, who would be acting on behalf of and be accountable to the courts, to be appointed to AHPETC to ensure financial grants disbursed to the town council will be safeguarded.

In contrast, AHPETC sought to prove that the courts only has the power to declare that the town council is obliged to carry out its duties.

CJ Menon, who delivered the judgment on behalf of the Court of Appeal, said the arguments from both parties were flawed.

He added: “In effect, the court can order the town council to take such steps as it may consider necessary to effectively secure compliance with the requirement or duty in question.”

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