Accountability involves everyone

20/04/2006 The Sun

THE legal battle by 82 former residents of Highland Towers to hold the Ampang Jaya Municipal Council (MPAJ) liable for their losses arising from the collapse of the apartments on Dee 11, 1993 has finally ended but the journey towards a culture of accountability in public affairs has barely begun.

The Federal Court's dismissal of the residents' appeal against its Feb 17 judgment in which the court held that officials of local authorities like the MPAJ have full immunity for their actions in the execution of their duties merely frees public servants of the fear that they may be ruined by lawsuits that could be initiated by any rate-payer unhappy with an official action.

It is worth noting that legal redress is just one aspect of the system of checks and balances that ensure that justice is served in society. Although much stock is generally put by the courts in protecting the individual's right to natural justice, in the usual course of events, the remedy is generally limited to compensation in the form of damages.

The protection of the public interest requires all sectors of society to engage with the institutions that are vested with the authority to act on their behalf. It is only when their intervention fails to evoke a credible response from those in charge that the power of the courts needs to be invoked to right any wrongs that may be done.

Looking beyond the immediate losses suffered by the plaintiffs in the Highland Towers case, all local authorities continue to be on trial in the court of public opinion in regard to the decisions that they take when approving development projects.

When a local council's decision runs contrary to residents' interests, the public outcry that ensues can give the authority pause, if not cause the idea to be jettisoned altogether. Numerous instances of proposed market relocations that never saw the light of day stand as reminders of the power of such popular persuasion.

More systematic engagement such as consultations with residents associations, community representatives and other interest groups can form the basis for a vibrant participatory democracy.

Coy as some councils may be about engaging in dialogue, the benefits of such transparency are clear for all to see.

The sooner that local authorities take their constituents into their confidence as partners in progress, the faster we can bury the ghosts of mal development that set the stage for the Highland Towers tragedy.