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Thu, 09 Sep 2010
SPEAK UP! :: Comment & Analysis
Please check the law
R. Nadeswaran

Port Klang state assemblyman and former (the emphasis is the writer's) councillor, Datuk Zakaria Mat Deros has been ordered to pay a compound fine of RM24,000 for building his house without proper development plans.

Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo insisted that it was the maximum penalty under the Road, Drainage and Building Act.

When it was pointed out by this writer that Zakaria should be charged under the Town and Country Planning Act, which carries a maximum penalty of a fine of up to RM500,000 or two years' jail, or both, Mohd Khir quipped: "My hands are tied."

"The maximum penalty is a fine 10 times the amount of the plan(ning) fee," newspapers quoted him as saying.

Is that the maximum, Sir? When reader C.C. Tan alerted me on a report in The Star of Feb 25, on five people charged with carrying out illegal earthworks on their land in Gombak, I knew that somebody did not do their homework or forgot the law.

Tan e-mailed the report to me two days ago and it is reproduced here.

It is self-explanatory and speaks volumes of the double standards that are practised by the authorities.

Lest I be cited for contempt of court, I will refrain from commenting on the Gombak case, but just to make comparisons: These five people were charged with carrying out earthworks and development without approval from the local authority.

In Klang, there is a palatial mansion, which is almost complete. Surely earthworks and development were carried out before the structure came up.

The law came down swiftly on the five people - they were alleged to have committed the offences in December last year. Three months later, they were produced in court.

The Gombak Municipal Council and the Klang Municipal Council are in Selangor and the question is: Are there different sets of standards in enforcing the laws of the land in different local authorities?

If the maximum penalty is only 10 times the planning fee, how come these five are charged in court under two different pieces of legislation?

If the Mentri Besar had been wrongly advised, then he should seek expert advice from those who know the law - the State Legal Adviser or the Attorney- General, in whose name, all prosecutions in this country are carried out.

If this charade of "My hands are tied" carries on, the people will have little faith in our system, especially when Mohd Khir has repeatedly said that "no one is above the law".


R. Nadeswaran is deputy editor (special reporting) at theSun. He can be reached at citizen-nades@thesundaily.com


Updated: 06:24PM Thu, 09 Nov 2006
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