Stand up for your rights: Kayveas

The Sun 26/10/2005 Maria J. Dass

PETALING JAYA: The public should take the cue from the residents of Taman Desaria and stand up against abuse of power, says Deputy Minister in the Prime Minister’s Department Datuk M.Kayveas.

 
“If all else fails, the judicial system is another avenue for them to fight against the abuse of power by the authorities,” he said when commenting on the High Court’s decision on Monday declaring null and void the development order issued by the Petaling Jaya Municipal Council (MPPJ) to Mentari Properties Sdn Bhd to build two blocks of low-cost flats and stalls.

“When it comes to standing up for their rights, most Malaysians are afraid of fighting (the) authorities saying ‘I don’t want any problems’,” he said yesterday.

However, like the 86 residents of Taman Desaria who refused to give up, more people are turning to the courts and this should send a clear message to the authorities that people will no longer tolerate abuse, he said.

Kayveas, who incurred the wrath of many alluding to the secrecy surrounding decision-making in local authorities, was commenting on the court decision which held that the MPPJ must hear the views of affected residents before issuing a development order for projects.

Justice Datuk Alizatul Khair Osman Khairuddin said meetings to hear residents’ opinions cannot be treated as a formality but instead should be viewed as a genuine platform for people to voice their opinions.

Said Kayveas, a former deputy minister in the Housing and Local Government Ministry which oversees local authorities: “I’m glad this happened and local authorities should take this as a wake-up call to stop misusing their powers."

He said that some authorities abuse their power to the extent of using it as threats and in some cases, blackmail.

To most people, home is not just the confines of their four walls, but includes their environment, cleanliness and tranquillity – in short the areas under the jurisdiction of the municipal council, he said .

Thus, the authorities should do their job by ensuring that this simple duty is achieved and not just concentrate on areas like licensing and enforcement, he added.

“The High Court decision is a victory for the people and I’m glad they had confidence in the judicial system, and at the end of the day received due justice from the courts,” said Kayveas, a lawyer.

Meanwhile Transparency International Malaysia chapter president Datuk Param Cumaraswamy in lauding the judgment said: “This judgment is a clear indication of the importance of an independent and impartial judiciary to extract accountability and transparency from public authorities."

There must be several similar situations where local authorities treated the objection proceedings as a mere “formality”, in many cases, after granting development orders, he said in a statement.

“Residents living in vicinity where development is being carried out or about to commence should take the lead from the residents of Taman Desaria to challenge such orders before the court if they were not given a right to object,” said Param.

“Local authorities should not be allowed to be a law unto themselves,” he said.