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CitizenNades by R. Nadeswaran

“WHAT you don’t know won’t hurt you,” is an ancient adage. It simply means that if you don’t have facts or figures, you don’t need to lose sleep over it. In the Malaysian context, it may be acceptable if councillors say that they were not aware of the principles of representing the people. Some of them are stooges of developers or have business interests. After all, their primary duty is just to say setuju or raise their hands. But this is definitely not acceptable when it comes to knowledge about the law. In fact, there is the phrase that warns against this: “Ignorance of the law is no excuse.”

There’s a familiar saying they can sometimes fall back on: ”The law is an ass.” It originated in Charles Dickens’ Oliver Twist, when the character, Mr Bumble, is informed that “the law supposes that your wife acts under your direction”. Mr Bumble replies: “If the law supposes that, the law is an ass – an idiot.” Today’s column is not an exercise in legal education and interpreting legal jargon. To put matters in the right perspective, some laws have to be reproduced to show that Mr Bumble or rather Dickens, was right after all.

Coming back to the local context, section 77 of the Street, Drainage and Building Act 1974 states: No building shall be erected over any public sewer, private connection pipe, public surface or storm water drain... without prior written permission of the local authority or the controlling statutory authority concerned as the case may be.

Section 54 of the same Act states: The local authority shall cause the surface and stormwater drains, culverts, gutters and watercourses under the control of the local authority to be so constructed, maintained and kept as not to be a nuisance or injurious to health...

Besides, any land designated as road reserve is meant to be that – land to be kept in case the road needs to be widened or expanded.

So, what happens when the local authority, with the connivance of the state government, constructs structures from the edge of a public road and the road reserve and over a monsoon drain? Have they breached the law? If you apply the “reasonable man” test, it will be a chorus of a loud and resounding “Yes”.

But we are not talking and dealing with reasonable men.

We are talking to land-grabbers, who think they have the licence not only to bend the law, but to break it at the same time. Even if they plead ignorance of the law, did they use common sense?

Let me be specific – in Ampang is Jalan Bunga Tanjung, a main road which connects you to the MRR2. Alongside is a service road, Jalan Bunga Tanjung Dua and separating these two roads is a monsoon drain. The Ampang Jaya Municipal Council (MPAJ) is now constructing 14 food stalls costing RM20,000 each (and someone must explain the high cost) on the road reserve and over the drain.

So what we have before our eyes is the case of the government, in this case a local government, breaking every law in the statute books! Even if they plead ignorance of the law, where was their grey matter? How does one sit over the drain and enjoy ikan bakar or tom yam sup while the stench emanates from under you and you see everything – including entrails et al – floating by?

For the council, it is argued that these stalls will be rented out and it will be useful revenue to provide service to the ratepayers. Nothing but pure bunkum. Period.

While we were at the scene, residents who talked to us said the roads leading to their houses have not been paved for 18 years.

How long will it take for the council to recoup its “investment”? The total cost will be in excess of RM300,000 and I am giving a conservative contingency expense of RM20,000 for “cost over-runs” – a norm in the way the councils do their jobs. By the way, were tenders called for the project? I can’t get the answers because when I went to the council last Friday, there was no sign of the president, who I was told was at a meeting at the state secretariat. The “Pegawai Perhubungan Awam”, who is supposed to be dealing with media queries, was not in her office. But never mind that, because I know what their reply would be!

If food stalls can be built on road reserve and over monsoon drains, why can’t the people build houses on them? At least when you build a house, you will make provisions for a toilet. But where do the operators of stalls and their customers ease themselves? Of course, in true Malaysian style, zip down their pants, look around, and do the job, oblivious to the traffic heading towards or from the MRR2!

The whole thing is a nobrainer and to point the finger at the person who came up with this bird-brained idea will be an exercise in futility. When confronted, the likely answer would be: Saya hanya ikut arahan atasan (I am taking orders from higher up). Who? But will he venture to name the person? No. If he did, he could be sent to Siberia or worse still, to a department where there will be nothing more than just the basic salary.

So, will the person who’s behind this shameful act own up or does one have to file a “missing person” report? It’ll not be difficult to find as he or she will be seen either at the full council meeting or the state assembly sitting. Will that be enough for the powers-that-be to track the person? But sometimes, even they seemed to be caught up in the tutup satu mata syndrome!

R. Nadeswaran believes lawlessness and chaos have descended on local councils because all and sundry including land-grabbers have been appointed as councillors. The system, he says, needs to be cleaned up but just soap and water won’t do. Only caustic soda can get rid of the grime accumulated over the years. He can be reached at: citizen-nades@thesundaily.com

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