Posts Tagged ‘Crime’

Kg Buah Pala reject the offer

August 7th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


The residents are rejecting the offer of the double storey house by the developer. I think looking at the failure rate of fulfilling promises by developers and authorities, especially on property and land related issues, the residents have valid reason to be suspicious. Land swindling and corruption is so rampant that one wonders if one’s own house is safe or not.

Now the residents stand to lose everything as the developer and cooperative won’t be relenting on the pursue of the land. I think what the residents can do is to sue the previous goverment, but that may be thrown out as they don’t have locus standi anymore.

The saga shall continue…

Kampung Buah Pala residents did not meet a noon deadline to accept the ‘double-storey terrace house’ offer made by developer Nusmetro Ventures (P) Sdn Bhd

Kampung Buah Residents Association chairperson M Sugumaran said they are rejecting the offer as it is riddled with unacceptable conditions.

One of them, he pointed out, was the villagers were asked to withdraw all their court cases against the land deals pertaining to their village.

Another demanded virtually all 24 house owners in the village to vacate the land and handover possession to the land owner, Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang.

“One must understand that we are not fighting against Nusmetro, the state government or the cooperative society.

“We are challenging the land alienation marred by fraudulent land deals,” said Sugumaran (above, left) at a press conference in the village this afternoon.

He said the offer letter was issued to all house owners during last Tuesday’s meeting between the villagers and state government leaders in Komtar.

The villagers were given until noon today to accept the offer.

Sugumaran, however, said perhaps two residents may have accepted the offer, without naming them.

Villagers face demolition of homes

Kampung Buah Pala is also commonly known as Tamil High Chaparral due to its population of cowherds, cattle, goats, other live stocks and lively Tamil cultural features and festivities.

Despite the land being sold by the state government to the cooperative society last year, the villagers have refused to shift from their homes.

They, instead, demanded the authorities gazette their village as an Indian heritage living human village in Georgetown city.

They also submitted a memorandum to the Unesco heritage unit in Paris last week to add more steel to their struggle.

Georgetown and Malacca were given a combined world heritage city status by Unesco in July last year.

Armed with a court order, the developer warned residents that the village would be demolished and flattened if the residents failed to meet its Friday noon dateline by accepting its offer.

The developer plans to build a luxury condominium project called Oasis in the area.

Sugumaran said the state government should not have allowed Nusmetro to make the offer given that Chief Minister Lim Guan Eng had said that the land alienation exercise carried out by the previous Barisan Nasional administration was tainted with fraud.

“When the chief minister himself has raised such allegations, it’s only logical for the state government to right the wrong.

“If the state government continues to facilitate Nusmetro’s offer, then the current government was clearly colluding with the previous administration to endorse the fraud.

“This is unbecoming of a responsible government,” he told newsmen.

Ramasamy asked to explain RM500,000 claim

Meanwhile, the villagers adviser A Thiruvenggadam demanded the state government to explain its claim that villagers would be made owners of RM500,000 worth of properties through the Nusmetro offer.

He questioned how the state government can possibly assess the property value when the proposed double-storey terrace houses were yet to be built and given to the villagers.

The former councillor of Petaling Jaya municipality said the state government was wrong in evaluating a land that is yet to be developed.

“This is blatant act by the state government with a malicious intention to portray the villagers as greedy people.

Truth is the villagers are the legitimate land owners and their village had been stolen from them by the state authorities,” said Thiruvenggadam.

He was commenting on a statement by Deputy Chief Minister 2 P Ramasamy (left) in Tamil daily Makkal Osai yesterday.

Ramasamy was quoted as saying that “due to the relentless efforts by the Penang government, the villagers have been upgraded to owners of a half-million ringgit worth of property.”

Malaysiakini could not reach Ramasamy for comment despite several attempts.

The Star reported as below:

Kampung Buah Pala residents have rejected the double-storey house offered by developer Nusmetro Ventures (P) Sdn Bhd to vacate their homes.

Kampung Buah Pala residents association chairman M. Sugumaran said there were too many loopholes in the offer.

“The offer letter says that if the developer is unable to get planning and building approval from the relevant authorities, the (ex gratia) deal is immediately null and void and the residents will be unable to make any claim on it.

“That means even if we agree, it may not be approved and we end up with nothing and cannot take any action against the developer.

“Would you sign a deal like this?” he asked at a press conference at the village Friday.

Sugumaran added that the deal had not promised a date for the new houses to be ready and no details of monetary compensation for rental during the construction period.

The noon deadline for them to pack up and move out of their houses passed without any untoward incident on Friday.

Unlike on Monday, there was no crowd or protesters standing by at the village and even the developer was absent.

Just a handful of residents were seen around the makeshift assembly area when reporters starting arriving from 9am onwards but the crowd grew to a moderate size around 11.45am as the deadline loomed.

On Aug 4, Chief Minister Lim Guan Eng handed out offer letters on an ex gratia deal, which included a 1,200 sq ft double-storey terrace house for each of the 24 houses demolished, to residents during a meeting at his office in Komtar.

Lim who spoke to reporters at a separate function earlier, said there was nothing much the state government could do if the residents refused to consider the landed property offer.

“If they do not want to take up the offer and want to continue to be used by irresponsible elements including one or two villagers, then there is nothing much the state government can do.

“I urge them (the residents) to exercise rational thinking and to work together with this state government which is trying to help them by giving them a legally binding title for 99 years,” he said after opening the Association of the Computer and Multimedia Industry of Malaysia, better known as Pikom Northern Chapter’s regional seminar at Traders Hotel here Friday.

Lim said the demands made by the residents were getting to be a bit excessive.

“I think they should be reasonable and I fear they will be losing public support…in fact, they have lost a lot of public support,” he said.

Kg Bukit Pala showdown

June 30th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


As it stands, the residents are pissed off with their ADUN lawyer RSN Rayer. He tried to give some excuse saying he is standing with them or something. They are also accusing the state government of not doing anything, not caring about them, just like the previous government. Lim Guan Eng will be waking up to a protest tomorrow from his own rakyat, who helped his representative to get a place in the state government. He was upset with HINDRAF’s claims, and asked them to protest at federal government level so that the federal government can do something under National Land Code.

HINDRAF is planning a series of protests at DAP offices throughout the country. That speaks something for their impartiality. At least they step on everyone’s toes once in a while. But it remains to be seen if they can get an estimated 10,000 people at KOMTAR this week. Probably less than half of that is my estimate.

Question also arise if the Indians in DAP will stand with HINDRAF or with Penang state government. My guess is party comes first for them. How about those in PKR ? – no news from Manikavasagam, Sivarasa or Gopalakrishnan so far.  MIC  should be having  good time seeing the misery of DAP/PKR, but I’m not sure what they themselves are doing to solve the problem as well. It was their partners who caused all this problem in the first place. Which makes them, what, partners-in-crime? The role of  the previous state government who caused all this headache for current state government should not be forgotten.

Can the state government buy back the land from the people it sold to? Probably not if it the buyers got it over some dubious and nominal fees, thus standing to make a large amount of money. Lim Guan Eng says the figure will be astronomical. if want to buy back And secondly, there may be no laws to compel for such buy-back options or to stop the development of the land. I guess the only way is to discuss with the developer or relocate the whole village to another location.

Anyway, Deputy CM 1 Mansor is doing some firefighting work – trying to talk to the developers, Koperasi Pegawai Kerajaan Pulau Pinang Bhd and Nusmetro Venture.

He said that he would ask the developers to hold on to the vacant possession directive served on the villagers while the state investigates allegations of misuse of power and corruption in the transfer of the land.

“I am confident that the developers will cooperate with the state,” he told a press conference here on Monday.

The residents filed an application today to set aside an ex-parte order dated June 16 obtained by the developers, to issue a writ of possession, which is to be enforced at 11am on July 2. In their application, the residents also applied for the bailiff’s notice, execution and enforcement of the writ to be set aside. In his affidavit, labourer K. Shanmugham said to date he and the other village residents had yet to be served with the Court of Appeal’s order dated May 11. He said the writ of possession was defective as the Koperasi and Nusmetro Venture have failed to obtain any permission from the authorities and the Penang Municipal Council to demolish the houses in the village. The application will be heard on a date yet to be fixed.

A bit of background on the village (from Malaysiakini):

Originally the village was legally gazetted as the Helen Brown housing trust under the Housing Trust Act 1950.
However, in 2005, the land office alienated the land to the state government without dissolving the trust which is a requirement under law.

Penang Island Municipal Council (MPPP) had allegedly given planning approval in 2007 to Umno-linked Nusmetro before the land was legally transferred to the cooperative. This is a breach of the council’s building by-laws.

The land was only transferred on March 27 last year – nine days after Pakatan Rakyat captured Penang in the general election.The land transfer was done by certain land officers without the knowledge of the current government.

How would this turnout? I expect the talks between Mansor and opposition-controlled company to fail. There will be some bloodshed and arrests, and Kampung Buah Pala will cease to exist. After 6 months, we will forget all this and move on. In 2013, the issue will be raised again, but both parties will not be getting any mileage because one caused the problem, and the other failed to keep to its promise to solve the problem.

Are Malaysians into slavery?

June 20th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


I share Irene Fernandez’s opinion on the survey results showing majority of respondents opposing the mandatory one-off day per week for domestic helpers (aka maids). Star poll showed nearly 76% opposing the idea. In fact, the mandatory day off is already part of our law.

And it seems Fillipino maids get a day off, unlike their counterparts from other countries (due to the church activities?). Isn’t that discrimination? Blame who? The Indonesian government for failing to protect their rakyat?

I saw in TV3 Buletin Utama today – one person saying they also take the maids out for outing during weekends. Really? Tell me, is your idea of weekend outing or holiday same as the maid’s? Go for holiday also, the  maid still works for you – carry bags around, chaperone kids, and so on. Weekend outing also same – you go shopping while maid follows behinds with bags and kids. And, do you bring your maid for Indonesian movie, or is watching movie means the latest Hollywood/Cantonwood/Bollywood blockbuster? Is it really a holiday/outing or forced working day under pretext of a day out?

Look at the work of a maid – basically everything in the house is done by them. Some also bring their maid to parents or siblings house to clean up there as well. Some maid double up as workers in stalls or the family business. So, do these people pay extra to the maids? I hope so. I also see some maids outside the house cleaning window. but from second floor. if fall how? Some even climb out of the apartment window to clean it. If fall – sure die la. who pay for funeral cost? Do they have insurance for occupational hazard?

Another person is “worried” that the maids will mix with bad hats. Hello…first please check where your kids/family members/relatives are going la. Why not lock up your kids at home? Don’t let them go to school or shops in case they mix with bad hats. Most crime conducted by locals (statistics by our good police force) so better protect our family from our own rakyat!. Actually, if you treat your maid (and pay  maybeRM1000 as salary), would she jump ship? Anyway, if you are really worried about others’ safety and actions, extend that to your employees at office, colleagues, neighbours, and regular Joe on the street. Dare or not?

Anyway, no point just blaming employers. The maids are also of inferior quality – lacking training, suspect health conditions. Maids who don’t bathe. Maids who don’t know how to carry a baby. Maids who are lazy. Maids who pretend to be sick. Maids who are carrying infectious disease.

And I wonder why the foreigners still want to work as maids in Malaysia when the pay is better in other countries? is Malaysia a stepping stone for a “better life”? maybe due to “islamic” nature of the population? or is it the “rejects” are the ones being employed here? or maybe its close to their homes (indonesia/phillipines)?

I also think many of the families are not qualified to be maid employers, just like many of the maids are not qualified to be maids. We have guys taking advantage of the maids, maids being abused worse than animals, forcing maids to work for endless hours…all for what? a measly few hundreds and some food on the table?

Anyway, you pay peanuts, you get monkeys – isn’t that the saying? most of the money goes to agents/middleman/govt dep fees/permit etc. you pay someone rm450/500/550 per month to work from sunrise till midnight nearly everyday…susah jugak. What is a fair salary? One way to judge is to put yourself in that place and do the work. Try formulate a calculation of how many hours worked, the difficulty level of the work, and so on. Take into account the benefits – free lodging and food, house environment, no transport costs etc. take into account the minus points – work all day, no rest; no/minimum social life; no freedom.

The maids also opportunists. Their salary is held back for up to 6 months to cover this and that – some of them borrow money at home country to pay for the trip here (in some case, agent pay for it, so they owe the agent company). Once here, they also look for better opportunity la. This is human nature. I guess many other jobs also the same – teaching, nursing, accountant, engineer, doctor, manager, contractor, taxi driver, lawyer… blah blah blah – for many of us, the  rules of the day are:

“cut corners”, “less work more money”, “bottomline counts”, “all for me and nothing for company/employer”, “what i can get out of this”, “laws are meant to be broken”, etc.

So, we end up reading robberies happening with help of maids. We read about maids absconding with cash and jewellery. Maids kidnapping babies.

So, who is the guilty party here? Everyone. Employers for taking for granted their maid as forced workers. Maids for not being truthful/honest in their jobs. Agents for not being honest and professional. Government for not enforcing better law/protection/rules for all parties involved.

I think we should start hiring locals as maids, maybe calling them home assistants or something else. Pay starts from RM1300/month. Working hours is 10 hours a day with one day off per week. 14 days annual leave. For employers – maid must be certified – either a proper skills-based certificate that takes 6 months to complete or some sort of diploma in home management. This should be a long term plan to replace the foreign maids. Secondly, one should properly vet the prospective employers – are they qualified to be employers, how many people staying in the house, any family member having mental illness or police record for violence, etc. Next is agents. The word agent itself evokes negative connotations – bribery, dishonesty, unprofessional etc. How to regulate the maid agencies? One way is to reduce the companies to perhaps about 10-20 only per state. No company can operate in more than one state. Allow employers to bypass the agents and hire own foreign maids if need to. Encourage employement of local workers instead of foreigns – tax relief perhaps?

I first wrote that even 4 year old kids boss their maids around, but my friend chided me. He said, even 2 years old can give order to maids! Do we own the maid like some sort of personal property?

parent has right to determine religion of child

June 16th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Today’s Tv3 news saw coverage of dewan rakyat proceeding. Nazri Aziz was quoted as saying:

On the issue of determining the religion of children below 18 when one of the parents converts to another religion, he said the Cabinet had agreed that it must be made in accordance with Clause (4) Article 12 of the Constitution.

In the case of R. Subashini versus T. Saravanan last year, the Federal Court had interpreted the word “parent” in the law as singular and not plural and as such, the converting parent had the right to determine the religion of their children below 18, he said.

Note: Clause (4) of Article 12 is as follows: For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.

Now, the question is which parent should one follow? The converting parent have right to convert the child, but the non-converting parent ALSO HAVE THE SAME EQUAL RIGHT to maintain the child’s religion! Why divert into the converting parent’s rights only?

Isn’t this a deadlock? Both have EQUAL RIGHTS. Just because one of them is a coward who wants to hide behind the name of certain religion, doesn’t make it correct action.

Subashini has all the right to maintain the religion of her kids. How can the court make such an erronous, logic-defying, ill-thought decision?

Pakatan under fire over Kampung Buah Pala Indian village

June 8th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


This is the case of making a promise you can’t keep. Now, I wonder how Penang CM and his two highly qualified deputies going to answer the villagers. People don’t want to hear excuses and red tape story. If you can’t do it, ship out. Simple as that.

One can argue that this is a problem of the old state government who seemed to have lots of shoddy land issues plaguing it.  But what are the steps being taken so far since 12 months ago to solve the problem?

As for 1Malaysia proponents, this is a good chance to walk the talk. So, who is going for a walkabout in Kampung Buah Pala soon? A plus point is that the developer is related to ruling goverment political party. So, with few phone calls, the higher-ups have chance to win over the families living in Penang. Will MIC jump in and take this opportunity?

Read the stories from Malaysiakini , The Star, and NST below.

Some 300 Indian Malaysians living in Kampung Buah Pala in Bukit Gelugor, a quiet Tamil settlement located in heart of rapidly developing eastern part of Georgetown, face eviction this Thursday following an appellate court order last month.

MCPX

The affected residents have called on Chief Minister Lim Guan Eng to stop the developer from demolishing their homes.

“Since he claims that his administration is a people’s government, the chief minister should now prove his words,” said a resident, C Tharmaraj, who also the state PKR Youth treasurer.

high chapparal village 060609 villageAs the village is only five minutes’ drive from the Penang Bridge and 10 minutes from both Bayan Lepas Free Industrial Zone and Komtar, the 2.6ha plot it occupied is considered prime land.

That status has become a curse to the village in recent years. Developers have long coveted the area for high-rise development.

The settlement originally came under a housing trust gazetted under the Housing Trust Act 1950 and residents paid temporary occupation licence (TOL) rents to the Land Office from the days of British colonial adminstration to 2005.

In 2005, the Land Office refused to accept their TOL payments to pave way for land alienation to the state government.

Villagers: Prime land sold below market price

The land was subsequently sold for RM3.21 million to the Koperasi Pegawai Kanan Kerajaan Pulau Pinang and this led to a lucrative development project undertaken by Umno-linked Nusmetro Ventures (P) Sdn Bhd.

According to the villagers, the sale price – estimated at RM11.33 per sq ft – was far below market value.

The land title was subsequently transferred to the cooperative on March 27, 2008, soon after Pakatan Rakyat coalition stormed to power in Penang at last year’s general election.

high chapparal village 060609 posterDisgruntled residents took the issue to the High Court seeking legal redress to their plight and obtained a favourable court ruling last October.

However, the Court of Appeal backed the cooperative following an appeal.

The appellate court also ruled that the landowner and developer need not pay any compensation to the affected villagers.

It ordered all residents to move out by June 11 from the land, which they have occupied for more than a century.

The village residents association has since appealed to the Federal Court to overturn the Court of Appeal’s decision.

However, although demolition work cannot be legally carried out pending their appeal, fear has gripped the villagers that they could be forced to evict their homes next week.

They are urging the state government to intervene to stop 33 houses involving 50 families from being demolished.

Kampung Buah Pala Action Committee chairman M Sugumaran, 52, blamed the previous state government under Dr Koh Tsu Koon for their plight.

Much to chargin of the villagers and despite numerous appeals and mass protests, Nusmetro is converting the land to a mix-development township involving four blocks of medium and low-medium cost apartments of 740 units and eight units of shoplots.

The cooperative will earn a whopping RM12 million from the project.

British gave land to villagers’ forefathers

The villagers, led by Sugumaran, have written to the authorities to stop the development and preserve the village as a traditional Tamil Hindu settlement, which local historians claim had existed for more than 150 years.

According to Sugumaran, the original owner of the once coconut plantation area, David Brown, had given the land to the villagers’ forefathers nearly 200 years ago.

Shortly after the British left, the state government took over the village in the capacity of ‘trustee’ and began collecting annual TOL rents.

In 1999, the villagers requested the federal government to gazette the area as a traditional Tamil Hindu settlement in accordance to its policies to preserve traditional villages as symbol of national pride.

However, the villagers’ attempt proved futile.

The villagers are now preparing themselves to stop the possible demolition by the developer on Thursday.

high chapparal village 060609 draviam arul pillay“We will prepare ourselves to face the developer. Do or die, we will fight to keep our traditional village,” vowed Tharmaraj.

Senior resident, Draviam Arul Pillay (left), 84, said that Pakatan leaders had promised the villagers that they would preserve Kampung Buah Pala as a traditional Tamil Hindu village.

“They vowed to defend our rights and interests,” said the senior citizen.

‘Village should be preserved’

Kampung Buah Pala, popularly known as ‘Tamil High Chaparral’ to Penangites due to its traditional population of cowherds, has many features of a model Tamil Hindu settlement.

At a dialogue session with the villagers this afternoon, Jarigan Rakyat Tertindas (Jerit) Penang coordinator Muammar Kris Khaira called on the state government to act in protecting the villagers.

high chapparal village 060609 magdeline ngPenang Heritage Trusts manager Magdeline Ng (left) said a tourist would mistake Kampung Buah Pala for a village in India if one were to witness religious festivities celebrated so passionately and joyously by the villagers.

“The festive mood and colourful atmosphere of this area is hardly visible in other areas of the island. The state government should preserve this traditional natural heritage in Georgetown,” she told Malaysiakini, referring to the city’s world heritage status.

M Nyanasegaran, who represented PKR state chief Zahrain Mohd Hashim, said the state government can stop the development if it is found that the land transfer was not done properly.

“The state government should investigate and find out whether there were some shoddy deals made,” he said.

“If the probe can proved this, the state government should intervene to stop the project and review the land transfer deal.”

The Star:

With time running out against an eviction order, residents of Kampung Buah Pala, better known as Penang’s High Chapparal, have now turned their anger toward the state Pakatan Rakyat government.

At a press conference at the village in Gelugor yesterday, the residents accused the state administration of breaking its promise.

Before the March 8 elections last year, PKR and DAP members came here to campaign.

Unhappy lot: Kampung Buah Pala residents appealing to the Pakatanled state government for help during the press conference in Gelugor Saturday.

(PKR leader) Datuk Seri Anwar Ibrahim himself promised that if Pakatan came into power, our village would be saved,” said Kampung Buah Pala resident A. Draviam, 84.

A large group of residents attended the press conference to oppose a notice instructing them to vacate the 23 houses in the village by June 11.

On May 11, the Court of Appeal had ruled in favour of a cooperative and the developer of an apartment project seeking vacant possession of the 2.6ha land occupied by the cattle farmers at Lorong Buah Pala.

Kampung Buah Pala Association chairman M. Sugumaran said the residents had filed for a stay of execution and an appeal to the Federal Court last week.

“We expect to get a hearing date for the stay on Monday or Tuesday,” Sugumaran, 54, said.

The latest development follows a long standing dispute over the land between Koperasi Pegawai Kerajaan Pulau Pinang Bhd and Nusmetro Ventures (P) Sdn Bhd and the village residents who claim that Indian immigrants working in estates under the British colonial rule established the village over 100 years ago.

The villagers also claim there was foul play in the transfer of the land from the state to the co-operative in late March 2008.

Batu Uban assemblyman S. Raveentharan, along with members of non-governmental organisations Suaram, Jerit and the Penang Heritage Trust (PHT), were also at the press conference.

“This is one of the oldest traditional Indian villages in Penang’s urban area.

“There are hardly any traditional settlements left in the state and we appeal to the state government to re-zone this area as an official Hindu cultural village,” said PHT manager Mag­dalene Ng.

NST:

Residents of Kampung Buah Pala in Gelugor attending a press conference to voice their concerns over the impending eviction.
Residents of Kampung Buah Pala in Gelugor attending a press conference to voice their concerns over the impending eviction.

GEORGE TOWN: Residents of Kampung Lorong Buah Pala in Bukit Gelugor, who are facing the possibility of losing their homes on Thursday, want the Pakatan Rakyat leaders to make good their promise to save the village.

They claimed this promise was made during last year’s general election.

The village’s residents association chairman, M. Sugumaran, said its members were promised that as long as Pakatan Rakyat ruled the state, their village would be spared.

“Such were the promises made to us during the general election last year.

“What is the state government’s stand on this now?” he said, suggesting that the state government pay off the landowner to save the village.

There are over 300 residents belonging to 65 families who have been living in 23 houses in the village for generations.

They will have to vacate their homes in the traditional cattle-raising village dubbed, Penang’s High Chaparral, if their appeal for a stay of execution is not granted by the Federal Court.

Sugumaran said the appeal was filed last Thursday and hopefully a hearing date would be given tomorrow.

“If our appeal is unsuccessful, we will have to be ready to face the bulldozers.

“We are very disappointed that the situation has come to this,” he said.

The residents have been fighting in recent years to save their village from being demolished to make way for development projects.

In November last year, the High Court dismissed an appeal by the landowner, Koperasi Pegawai Kerajaan Negeri Pulau Pinang Bhd and development company Nusmetro Ventures (P) Sdn Bhd to vacate the land where the village stands.

However, on May 11, the Appeals Court ruled in favour of the landowner and developer, leaving the villagers with only a month to leave the land without compensation.

Penang Heritage Trust manager Magdeline Ng, who was present, said the village was the sole surviving Indian village on urban land.

“It is still very vibrant with traditional customs and festivals like Ponggal,” she said, appealing to the state to save the village and zone it as a model Indian cultural village.