16 theSun | MONDAY DECEMBER 15 2008
speak up!
Pay for your follies
Bukit Antarabangsa
residents who were victims
of Saturday’s landslide
will be taking legal action
against the authorities. The
committee will get legal
advice on the matter as
they have strong evidence
to pursue their claims. I
don’t want to reveal what
it is now, but we have
photographs and copies of
complaints made to the local
authority.
Bukit Antarabangsa
Action Committee
chairman Datuk N.
Muneandy.
The state authority, local
authority and any public
officer or officer or employee
of the local authority shall
not be subject to any action,
claim, liabilities or demand
whatsoever arising out of
any building or other works
carried out in accordance
with the provision of this
Act or any by-laws made
thereunder or by reason of
the fact that such building
works or the plans thereof
are subject to inspection
and approval by the state
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provision of basic services
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• JUSCO (Mid Valley, Bandar Utama, Bukit Indah JB) • PARKSON (Pavilion, Sunway Pyramid, Gurney Plaza) “Projects will stall. The
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local council may go bust.
Even if it does not, is it fair,
just and reasonable that
CitizenNades
by R. Nadeswaran
taxpayers’ money be utilised
to pay the ‘debts’ of such
people? In my view, the
answer is no,” he said.
“In my view, the
provision of basic necessities
for the general public has
priority over compensation
for pure economic loss of
some individuals, who are
clearly better off than the
majority of the residents in
the local council area,” he
said.
He said a local council
has an endless list of duties
to perform for its residents
and relied mainly on
assessment rates and fees for
licences.
In his dissenting
judgment on the post-
collapse liability, Justice
Shim said the MPAJ could
not seek shelter because this
was a case of negligence
in failing to formulate and
implement the master
drainage plan so as to
ensure the stability and
safety of the adjacent Blocks
Two and Three. He said
there was an assumption of
responsibility by the MPAJ
to do what it had promised.
“I do not think it would
be in the public interest
that a local authority such
as the MPAJ should be
allowed to disclaim liability
for negligence committed
beyond the expansive
shelter of the law or other
relevant provisions of the
Act nor would it be fair, just
and reasonable to deprive
the respondents of their
rightful claims under the
law,” he said.
I would want to agree
with Justice Shim. The
simple reason that some
of the people in the
council are acting with
It is ironic, immoral and
unacceptable that we
have a law that protects
the corrupt ... it is
hoped that one of our
MPs will have the moral
conviction to introduce
a Private Bill to amend
the Act, should the
government fail to listen
to the clarion call of the
people.”
impunity is because of the
immunity. They don’t care
if their decisions cause
inconvenience, economic
losses, damage, injury or
even death. As far as they
are concerned, they can
line their pockets with their
Napoleonastic decisions, but
they cannot be liable and
that their fat bank accounts
cannot be touched.
As I write these words,
I am staring at a bundle
of documents in which
the (then) Petaling Jaya
Municipal Council had
authorised the trespass and
occupation of private land.
The case is before the courts
and commenting on it would
only invite the vultures who
want to feast on what I write,
but I care two hoots for the
convicted felons and bribe-
givers who think Terence
Fernandez is easy-picking.
In this instance, the
trespasser is being sued and
his defence is that MPPJ
authorised the trespass.
While MPAJ is not a party
to the suit and if and when
it becomes an intervener or
a third party, the Section 95
defence would be the only
option.
Having said that, I want
to question the wisdom of
the people who incorporated
this “do wrong and get
away with it” clause in
this very important piece
of legislation. The Federal
Court decision in the case
of Steven Phoa and Others
v Ampang Jaya Municipal
Council further encouraged
the corrupt practices, the
high-handedness and
the lawlessness of some
council officials, including
presidents, who enter into
one-sided agreements
with total disregard for the
interests of the council’s
coffers or the ratepayers.
If this 2-1 decision is
a precedent, then it gives
the people in power to
enter into millions, if not
billion-ringgit deals; collect
their commissions and be
immune from prosecution
or other forms of action by
those who suffer as a result
of such decisions.
It is understandable
if a decision is made
inadvertently or on the
basis of an oversight, which
then becomes a mitigating
factor. However, when it is
done deliberately (perhaps
for a fistful of ringgit) or
with full knowledge of its
implications or negligently,
there should be no
protection.
It is ironic, immoral and
unacceptable that we have a
law that protects the corrupt
and the wrongdoers. While
attempts are made to have
emergency motions debated
in Parliament, it is hoped
that one of our MPs will
have the moral conviction
to introduce a Private Bill to
amend the Act, should the
government fail to listen to
the clarion call of the people.
R. Nadeswaran agrees
with the Charles Dickens
character who uttered that
“the law is an ass”. He hopes
our lawmakers will not only
look into this clause but
other obsolete and ridiculous
ones in our statute books.
He is editor (special and
investigative reporting) and
can be reached at: citizen-
nades@thesundaily.com