'But Rahman, court says you had no power to do so'

Minister Abdul Rahman Dahlan's explanation that he acted within his powers as local government, housing and urban wellbeing minister in the BHL Group of Companies case does not hold water as the court found otherwise, Petaling Jaya Utara MP Tony Pua said.

Rahman, who is now Minister in the Prime Minister's Department, is accused of abusing his power in his previous cabinet post when in 2014 he allowed the extension of a construction of residential complexes by 12 months, relieving BHL of paying liquidated and ascertained damages to home buyers.

"The court ruling has stated clearly that the minister has no power under Section 24 of the Housing and Development (Control and Licensing) Act, to empower housing controllers to waive or change any of the terms and conditions of the prescribed statutory agreement. What ‘power’ is the minister harping about?

“What is, however, most important, is the fact that Rahman had insisted that his decision was based on the ‘merits’ of the case.

"However, in his statement, the minister failed to specify even a single instance of such a ‘merit’ to justify his decision, which had rubbed salt onto the wounds of the house-buyers," Pua said.

In a police report filed on Wednesday, Penang Deputy Chief Minister II P Ramasamy alleged that Rahman abused his powers by extending the construction period after receiving a letter signed by Fatimah Begum KA Abdul Kader from BHL.

Fatimah is attorney-general Mohamed Apandi Ali's wife. Apandi was appointed AG in 2015.

Ramasamy also said Faridah Begum had misrepresented herself as a director of BHL Group of Companies.

Rahman defends his decision

High Court judge Hanipah Fakirullah, in allowing a judicial review application by 71 house buyers last Tuesday, said the minister's decision went against the Housing Development (Control & Licensing) Act (Act 118).

Rahman in his statement yesterday stressed that his decision was done on merit based on provisions of Act 118.

"What could be so convincing and justifiable in the appeal by the developer, other than the fact that it was put forth by the wife of the (now) attorney-general, which moved the minister to arbitrarily extend the completion date of the housing project by 12 months, resulting in millions of ringgit of losses by the house-buyers?” asked Pua.

"Among the primary roles of the minister is to safeguard the interests of Malaysian house-buyers against incompetent and unscrupulous developers.

"Barring perhaps acts of God, the minister should never interfere in a transaction, especially if it were to clearly result in substantial losses to the house-buyers."

BHL and Faridah Begum did not respond to Malaysiakini's requests for comments.- Mkini