'Tribunal will better protect
22/01/2006 Daily Express
Tuaran: Homebuyers in the State can rest assured that they would be
protected further when the Tribunal for Housing Purchasers Claims is finally
formed this year.
Local Government and Housing Minister, Datuk Hajiji Noor, on Saturday said
the Ministry is in favour of forming the Tribunal as soon as possible.
"However, there are several aspects that need to be taken into consideration
first," he said after officiating at the launching of the Tuaran Crocodile
These factors, he said, include appointment of Tribunal officers and
members, studying (existing and) related regulations and legislation.
The Tribunal, approved during the State Legislative Assembly sitting in
December last year, is meant to provide protection as well as a channel for
property buyers to air their grievances.
Hajiji, who tabled the Housing (Control and Licensing of Developers)
(Amendment) Enactment 2005, said it is the most comprehensive so far as it
seeks to better protect house purchasers from errant developers.
In the past, many homebuyers fell victims to ambiguous interpretation of the
law pertaining to property acquisition and subsequent remedy on defect
Hajiji said despite having solved many housing-related problems through
pro-active approaches, the Ministry felt there is still work to be done,
especially with the rapid housing industry growth and high market demand.
"At the same time, in order to realise the Government's aspiration to see
everyone in the State has own house and overcome any related problems due to
the rapid development in the industry, my Ministry wants the State's housing
laws, especially their applications, to be comprehensively reviewed," he
The amendment Bill to the enactment, which had been amended twice, in 1995
and 1998, was the fruit of initial discussion with the housing industry and
based on several provisions in the Federal 1966 Housing Development Act
(Control and Licensing of Developers) (Amendment 2002).
Under the amendment, the Tribunal is to be headed by a Chairman to be
appointed by the Minister from among members of the State Legal Service or
ex-officer who had served at least 12 years.
The Tribunal's deputy chairman could be from the State Legal Service (SLS)
or ex-officer who had served at least 12 years or advocates and solicitors
of the Sabah and Sarawak High Court practising in the State for at least 12
The other members, not more than three, are to be appointed either from the
SLS or ex-officer or advocates and solicitors from the Sabah and Sarawak
High Court or members of any registered professional bodies in Malaysia with
at least 10 years' experience.
Housebuyers will be able to lodge claims with the Tribunal for any loss
suffered or any matter concerning his or her interest under a Sale and