I now come to my fourth argument on why there can be no justification by Mega 9 Development Sdn Bhd and its boss Ng Kek Kiong to forcefully and brutally demolish 10 houses in Kampong Hakka in Mantin, Negeri Sembilan, in which four people were still occupying, on Oct 31.
In most cases of eviction by court order, the bailiff appointed by the court must be 100 percent sure of the situation before he (or she) orders the demolition of a dwelling. Here, the entire eviction was carried out by the developer's lawyer, not by a bailiff.
One of the first houses demolished in Kampong Hakka, besides the village community hall, belonged to Yong Kai Hoong, which had been there for more than 50 years. He was never served with a notice that his house would be demolished.
It was a shock to the family. Jerit coordinator R Ghandi and I approached the police and the developer's lawyer, but we were prevented from reaching them. Later, when we stood to protect the house that was never given a notice before, we were arrested by the police.
How come the Mega 9 can demolish a house without a notice and without a specific court order? The company claimed it can demolish any building in that location, even if its owners or occupants were not served with a legal notice.
This is the law of the jungle and Ng Kek Kiong's lawyers practise this. How can a house that has been in the village for more than 50 years be brought crashing down with a bulldozer, without any clear notice to its owner?
Then again, what is the reason for the other houses in the village being issued with demolition notices in the first place? Why the double standard?
Reason No 5
My fifth point is on the peculiar way this Kampung Hakka eviction took place. I have been at many sites of eviction of homeowners, throughout the nation. In most cases, the court bailiff will first determine which house will first be demolished, and this is based on the court order.
He will then instruct the developer to demolish the houses and if we try to stop him, the police will arrest us for preventing the bailiff from carrying out his duty. In most cases, the bailiff is neutral and will listen to the people. He can also postpone evictions.
The police normally play a secondary role. In the Kampong Hakka demolition on Oct 31, the bailiff never came to the front of a house. It was is the developer's lawyer who did the work. The Mega 9 lawyer executed the order and we are prevented from meeting the bailiff.
The police worked very hard to ensure that the demolition and eviction took place. No negotiation was allowed with the bailiff. So, at the end of the day, the police and Mega 9's lawyer executed the court order and not the bailiff. The bailiff here only listened to the developer.
We, Ghandi and I, were not allowed to inform the baliff and the developer's lawyer that the villagers had, that same morning, filed a new application with the Court of Appeal in Putrajaya for a stay of the demolition order.
However, the developer's lawyer insisted on carrying on with the eviction and demolition. So, once again, Ng and Mega 9 even scorned a last-minute bid for a reprieve.
Reason No 6
Does Deepavali matter nothing to Malaysians? I know that Ng does not celebrate Deepavali. Nevertheless, I cannot understand how he could have the heart to demolish one of the houses, the occupants of which would be celebrating Deepavali two days later.
I have never seen a more heartless developer. The least Ng could have done was to give them at least a week. Their house was also more than 50 years old. Once again, no respect for one's fellow beings, or for humanity, was shown!
Reason No 7
The current state government blames the previous state government for this matter. I followed two other villagers to meet with Negeri Sembilan state secretary Mat Ali Hassan on this matter, on Oct 21.
As state secretary, Mat Ali is in a very powerful position. He told us that, on this matter, he represented the menteri besar. I asked him how the state could hand over the land to a private developer when there were people still staying there.
He answered that if it was the current state government, it would not have done it. Mat Ali blamed the previous state government leadership for this.
I was puzzled, for to my knowledge Negeri Sembilan has always been ruled by the BN. Mat Ali then explained that what he meant was "who is running the state now".
His answer seemed to imply that if the current menteri besar was in charge then, he would not have alienated the land to a private developer. This again raises another question: how much money would the private developer have to spend to get state land, especially one that has a village on it?
Wasn't Ng, as a Hakka community leader, aware about how the Hakka village land went to his development company? Being a local of Mantin, I am sure Ng would know... Did he play any role in protecting the interests of the villagers?
Reason No 8
Kampong Hakka is a heritage village. Many people talk proudly about this. They talk about its history. They have a temple and a school there, which they say date back to 100 years. They have some very old photographs to prove this.
I was told by one villager that if the people involved were also Hakka, then this issue of eviction of the villagers could be talked out. That is the tradition. In this village, 98 percent of the people are Hakka. How come traditions do not hold water there?
Mega 9 plans to build 76 low-cost houses, 24 townhouses, 193 units of shops and offices, a food court and has even retained the Chinese school and allocated land for a surau. It seems to imply that Ng (above) has no desire to preserve this village as a heritage village. The development project is purely for him to make money.
Reason No 9
It's all about paying compensation. Ng and Mega 9 speak highly about the massive compensation they have paid out. To date, they have paid compensation ranging from RM1,000 to RM8,000 per family. Now, after more resistance, he has raised the compensation to around RM12,000.
What is so great about this? Ng says the people can buy the houses he will build. Why not at least give each family a low-cost house for free? There are only some 45 families left in the village. There is a saying that charity starts from home, which Ng should remember.
Ng has talked a lot about the many charities he supports and the money he has handed out to the Chinese community. If he really wants to make the world a better place to live in, he should first talk about charity to this Hakka community. And it is certainly within his means.
This is not about race
The Kampong Hakka issue is not a racial matter. Many people say that this village got hit because it is not a Malay village. Some say the police there on Oct 31 were brutal because the eviction involved non-Malays.
On that day last month, the houses of one Chinese family, a Muslim family and a Sikh family were demolished. There wasn't any racial element. This battle is that of a rich corporate company evicting poor villagers.
In Kampong Berembang, it were Malay companies that cheated the poor Malay villagers there. So, please don't turn Kampong Hakka into a racial issue. It is just a question of profit before people: land grab by the rich against the interests of the poor.
These nine points I have outlined mark the beginning of a long struggle. We will not give Mega 9 a cloud nine. We will take on Ng and his company, even though it is not going to be easy. The people of Kampong Hakka are now more than determined to fight till the end.
Ng and Mega 9 have burned all the bridges of good faith. They will continue to use the court, the police and their money to buy people and loyalty. The villagers, for now, have decided to build and rebuild.
They have tasted the brutal reality of forced eviction and how there is so little or no justice for those who are not rich and powerful. Mega 9 has been winning the battles so far but the war is still far from over.
We will continue fighting till the last house, till the last structure, till the last arrest...
In most cases of eviction by court order, the bailiff appointed by the court must be 100 percent sure of the situation before he (or she) orders the demolition of a dwelling. Here, the entire eviction was carried out by the developer's lawyer, not by a bailiff.
One of the first houses demolished in Kampong Hakka, besides the village community hall, belonged to Yong Kai Hoong, which had been there for more than 50 years. He was never served with a notice that his house would be demolished.
It was a shock to the family. Jerit coordinator R Ghandi and I approached the police and the developer's lawyer, but we were prevented from reaching them. Later, when we stood to protect the house that was never given a notice before, we were arrested by the police.How come the Mega 9 can demolish a house without a notice and without a specific court order? The company claimed it can demolish any building in that location, even if its owners or occupants were not served with a legal notice.
This is the law of the jungle and Ng Kek Kiong's lawyers practise this. How can a house that has been in the village for more than 50 years be brought crashing down with a bulldozer, without any clear notice to its owner?
Then again, what is the reason for the other houses in the village being issued with demolition notices in the first place? Why the double standard?
Reason No 5
My fifth point is on the peculiar way this Kampung Hakka eviction took place. I have been at many sites of eviction of homeowners, throughout the nation. In most cases, the court bailiff will first determine which house will first be demolished, and this is based on the court order.
He will then instruct the developer to demolish the houses and if we try to stop him, the police will arrest us for preventing the bailiff from carrying out his duty. In most cases, the bailiff is neutral and will listen to the people. He can also postpone evictions.
The police normally play a secondary role. In the Kampong Hakka demolition on Oct 31, the bailiff never came to the front of a house. It was is the developer's lawyer who did the work. The Mega 9 lawyer executed the order and we are prevented from meeting the bailiff.
The police worked very hard to ensure that the demolition and eviction took place. No negotiation was allowed with the bailiff. So, at the end of the day, the police and Mega 9's lawyer executed the court order and not the bailiff. The bailiff here only listened to the developer.We, Ghandi and I, were not allowed to inform the baliff and the developer's lawyer that the villagers had, that same morning, filed a new application with the Court of Appeal in Putrajaya for a stay of the demolition order.
However, the developer's lawyer insisted on carrying on with the eviction and demolition. So, once again, Ng and Mega 9 even scorned a last-minute bid for a reprieve.
Reason No 6
Does Deepavali matter nothing to Malaysians? I know that Ng does not celebrate Deepavali. Nevertheless, I cannot understand how he could have the heart to demolish one of the houses, the occupants of which would be celebrating Deepavali two days later.
I have never seen a more heartless developer. The least Ng could have done was to give them at least a week. Their house was also more than 50 years old. Once again, no respect for one's fellow beings, or for humanity, was shown!
Reason No 7
The current state government blames the previous state government for this matter. I followed two other villagers to meet with Negeri Sembilan state secretary Mat Ali Hassan on this matter, on Oct 21.
As state secretary, Mat Ali is in a very powerful position. He told us that, on this matter, he represented the menteri besar. I asked him how the state could hand over the land to a private developer when there were people still staying there.He answered that if it was the current state government, it would not have done it. Mat Ali blamed the previous state government leadership for this.
I was puzzled, for to my knowledge Negeri Sembilan has always been ruled by the BN. Mat Ali then explained that what he meant was "who is running the state now".
His answer seemed to imply that if the current menteri besar was in charge then, he would not have alienated the land to a private developer. This again raises another question: how much money would the private developer have to spend to get state land, especially one that has a village on it?
Wasn't Ng, as a Hakka community leader, aware about how the Hakka village land went to his development company? Being a local of Mantin, I am sure Ng would know... Did he play any role in protecting the interests of the villagers?
Reason No 8
Kampong Hakka is a heritage village. Many people talk proudly about this. They talk about its history. They have a temple and a school there, which they say date back to 100 years. They have some very old photographs to prove this.
I was told by one villager that if the people involved were also Hakka, then this issue of eviction of the villagers could be talked out. That is the tradition. In this village, 98 percent of the people are Hakka. How come traditions do not hold water there?
Mega 9 plans to build 76 low-cost houses, 24 townhouses, 193 units of shops and offices, a food court and has even retained the Chinese school and allocated land for a surau. It seems to imply that Ng (above) has no desire to preserve this village as a heritage village. The development project is purely for him to make money.Reason No 9
It's all about paying compensation. Ng and Mega 9 speak highly about the massive compensation they have paid out. To date, they have paid compensation ranging from RM1,000 to RM8,000 per family. Now, after more resistance, he has raised the compensation to around RM12,000.
What is so great about this? Ng says the people can buy the houses he will build. Why not at least give each family a low-cost house for free? There are only some 45 families left in the village. There is a saying that charity starts from home, which Ng should remember.
Ng has talked a lot about the many charities he supports and the money he has handed out to the Chinese community. If he really wants to make the world a better place to live in, he should first talk about charity to this Hakka community. And it is certainly within his means.
This is not about race
The Kampong Hakka issue is not a racial matter. Many people say that this village got hit because it is not a Malay village. Some say the police there on Oct 31 were brutal because the eviction involved non-Malays.
On that day last month, the houses of one Chinese family, a Muslim family and a Sikh family were demolished. There wasn't any racial element. This battle is that of a rich corporate company evicting poor villagers.
In Kampong Berembang, it were Malay companies that cheated the poor Malay villagers there. So, please don't turn Kampong Hakka into a racial issue. It is just a question of profit before people: land grab by the rich against the interests of the poor.
These nine points I have outlined mark the beginning of a long struggle. We will not give Mega 9 a cloud nine. We will take on Ng and his company, even though it is not going to be easy. The people of Kampong Hakka are now more than determined to fight till the end.Ng and Mega 9 have burned all the bridges of good faith. They will continue to use the court, the police and their money to buy people and loyalty. The villagers, for now, have decided to build and rebuild.
They have tasted the brutal reality of forced eviction and how there is so little or no justice for those who are not rich and powerful. Mega 9 has been winning the battles so far but the war is still far from over.
We will continue fighting till the last house, till the last structure, till the last arrest...
S ARUTCHELVAN is a seasoned activist and secretary-general of Parti Sosialis Malaysia (PSM). He was arrested twice during the forced eviction of the Kampung Hakka residents.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.