Money is great leveller for local councils

Last week, as cameras rolled showing images of a raid by the Shah Alam City Council (MBSA) on illegal business operations, its deputy mayor Mohd Rashidi Ruslan was in his element, thumping his chest and listing out the “achievements of the council” in curbing illegal activities in the Sungai Buloh area.

Between January and July, he thundered, action had been taken against 25 unlicensed premises in the area and 19 premises operated by migrants have also been seized – whatever that means.

At the media conference, Mohd Rashidi disclosed startling facts which were a stark reminder of what the council had failed to do in the previous seven months.

That morning raids leading to the demolition of illegal structures, unlicensed snooker parlours and gambling dens resulted in summonses issued to more than 100 businesses in the area.

Weren’t these businesses operational in the past months? Why were raids only carried out after a video of the illegal operations went viral? If the founder of the Hot Burger chain had not taken to Facebook to air his disgust at the inaction, would the council have taken action?

The fact that the “tutup dua mata” syndrome has been embedded in the systems of local councils is an open secret, and for a fistful of ringgit, there’s always a solution when the line of replies is along the lines of “sudah, tapi boleh settle.”

Far too many issues of corruption, abuse of power and incompetence have been highlighted in the past. Who would have forgotten the infamous “palace” in Port Klang built by former assemblyman Zakaria Derus?

He built a 16-room mansion without submitting plans on a piece of land which was meant for low-cost housing. He had not paid assessment for 12 years for a house he was already occupying. He was not penalised despite the furore he caused.

For a while, corruption was institutionalised in the then Petaling Jaya Municipal Council when the president decreed that every application for a billboard licence should be accompanied by a “levy” of RM10,000 which would be made payable to the sports club.

Having investigated and written on the cash-for-licence scheme, it was discovered that these monies ended up in the pockets of certain individuals and were not reflected in the books of the sports club.

There have been reports of senior council officers owning units in low-cost flats but the reply was: “This is a reward for their hard work and contributions to the council.”

Illegal changes

Some officers were found guilty of making illegal changes to the PJ Draft Local Plan Two. The changes seemed minor – some colours and shades switched, and a few words altered. But the implications were staggering as the value of land was increased by several hundred million ringgit, making millionaires of those engaged in such malpractice.

In what was been described as the largest land fraud in the country, Petaling Jaya city councillor Derek Fernandez (below) charged that irresponsible people within the council changed the plan to cause substantial increase in the land value.

Using the controversial change in status of the PKNS field in Kelana Jaya as an example, he said as recreational land, it would fetch about RM20 per square foot (psf) but as commercial land, it can go as much as RM500 psf - a 25-fold increase.

The local plan, he said, was amended unlawfully twice, with some 220 unauthorised and illegal amendments involving 40 plots of land including the PKNS field.

Most of the amendments had been done in complete violation of the law and hidden from the councillors who were “fed a steady diet of lies” at every meeting of the council’s One-Stop Centre which scrutinises applications for development.

What happened to the guilty parties? Some are still in service and others retired to enjoy the fruits of their handy work.

The presence of a large number of stalls in wet markets in Selayang and Petaling Jaya operated by foreigners is evidence that money is a great leveller. There council officers stationed in these markets and yet, they allowed the problem to grow and fester.

The ‘pajak’ system where licences and stalls are leased to foreigners at more than 10 times its value would not be in operation if councils had acted.

Twelve years ago, what was supposed to be land for facilities for the people in the upmarket Bandar Utama township ended up in private hands. These plots of land were alienated to individuals, bodies, corporations – and even political parties.

The result: the sprawling township does not have a fire station, as a used-car dealership sits on the land designated for it. Even land meant for surau is in private hands – on it, a car showroom and furniture centre.

All in all, seven parcels of land meant for public amenities had been misused. But was anything done following the media reports? Nothing. Zilch. And the theft of public land is continuing.

Back to business as usual

Despite the complaints, local councils chose to ignore not only problems in the markets but also on illegal hawkers, massage parlours, gambling dens and even restaurants.

While enforcement officers are quick to tear down awning an individual builds in his porch, no action is being taken when commercial outlets extend their operations on state land.

The action by the Malaysian Anti-Corruption Commission in arresting five MBSA staff may, for a while, stall the illegal activities.

It will be back to business soon because when you own a RM120,000 car, a RM500,000 house and a trophy second wife, your official salary won’t even get you there. It must be supplemented by the side-income to service the loans.

The list is of wrongdoings by local councils is endless. Complaints of illegality and the high-handed manner in which development applications are submitted and approved had been pooh-poohed by those in the establishment and of course, the culprits got braver. Reports of illegal operations are ignored.

The Hong Kong Independent Commission Against Corruption (ICAC) has in its statute books a clause which makes it an offence for anyone to have assets or lead a lifestyle disproportionate to his or her declared income.

Has the time come for amendments to the MACC Act along these lines? Definitely yes, but then, will the political warlords sitting in Parliament allow changes to happen, especially that some of them are dependent on unofficial lifelines for the extra money they need?

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R NADESWARAN has exposed the wrongdoings of local councils over the past 30 years and has written on the Little Napoleons that take part and abet the process without batting an eyelid. Comments: citizen.nades22@gmail.com. - Mkini