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Granted heritage can mean different things to different people, but the tearing down of a wall at Pudu Prison that had made it to the Guinness Book of Records most certainly raised a few eyebrows.

THE National Heritage Act 2005 (NHA 2005) was enacted with much ease due to the growing awareness, and need, to protect our national treasures. This sense of awareness is in line with the aspirations and agenda set forth by such world agencies as Unesco and the World Heritage Body.

The Act goes on to define what heritage encompasses; it takes into account both tangible and intangible cultural.

Pursuant to the Act, tangible cultural is, for example, areas, monuments and buildings. Intangible cultural is expressions, languages, musical tunes etc.

In brief, the governing sections that require special emphasis are:

> Section 8 of the NHA 2005 requires the setting up of a National Heritage Council, which can be safely assumed to come under the purview of the Culture, Arts and Heritage Ministry.

Section 9 of the NHA 2005 generally spells out the function of this council, which is to advise the Minister and the Commissioner on matters pertaining to Heritage.

The Commissioner being referred to in the Act is the Commissioner for Heritage, who is appointed by the Minister.

> Section 10 of the NHA 2005 goes on to provide the composition of this council, which, among other things, should comprise individuals who have experience in conservation, management and preservation of things having “heritage significance”.

> Section 23 of the NHA 2005 quite interestingly provides for a National Heritage Register that will contain a list of heritage items, and which can be provided for public inspection subject to conditions set forth by the Commissioner.

> The power of the Commissioner is something worth mentioning. Pursuant to Section 33 of the NHA 2005, the Commissioner can make an interim protection order for the purpose of conservation and preservation of the site.

This power, however, is to be exercised with the concurrence of the State Authority. The powers of the Commissioner is further strengthened with inclusion of Section 122 of the NHA 2005, which affords the Commissioner and its team full protection from any action, suit, prosecution or proceedings as provided for under the Public Authorities Protection Act 1948.

A cursory glance of the National Heritage Act 2005 will certainly bring a lot of ease to the citizens of this country who wish to see things of heritage value in this country preserved and maintained for generations to come.

Things, cultures, languages and buildings of heritage value represent a nation of the past which is catching up with the present in order to prepare itself for the future.

It serves as a reminder to its people, be it a good or bad reminder, of the acts of our previous colonial powers, the struggle of our forefathers and mistakes of the past.

It is for this very reason that the dreaded concentration camps in Germany are maintained, that the Notre Dame Cathedral in the heart of France is expensively maintained, that the Great Wall of China is tirelessly upkept in sections and that the leaning Tower of Pisa is kept from falling over. The list goes on.

National heritage to these nations represents national pride and glory.

However, back to our shores, the powers to be, without a blink of an eyelid, authorised the tearing down of a wall incorporating the world’s longest mural at Pudu Prison, a landmark in our Penal System, which has stood proudly for over a century.

It was to make way for a road widening exercise and for other forms of development. National heritage here in Malaysia had easily made way for a development exercise.

One wonders where was the National Heritage Council and the Commissioner for Heritage as prescribed by the law?

Couldn’t the Heritage Commissioner have issued an interim protection order while a study is conducted to determine whether an alternative to tearing down an age old institution could have been possible?

It then makes you wonder whether this National Heritage Register does actually exist and, if so, why didn’t Pudu Prison make it to that list?

A lot of unanswered questions, but certainly something that we, as citizens, neither will – nor want – to see repeated.

Having the Act in place is certainly an action in the right direction but the enforcement of this Act still leaves much to be desired.

> The writer is a young lawyer. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visit www.malaysianbar.org.my/nylc.