12 theSun | FRIDAY JUNE 5 2009

speak up!

t h e s u n s a y s

All the way till the end

AFTER months of accusations of cover-up
and with lobbyists trying to prevent its dis-
closure, the report on the Port Klang Free
Zone is in public domain. Volumes have been
written and commentaries from politicians
and members of the public have dominated
cyberspace. It would be wrong not to rec-
ognise and congratulate Transport Minister
Datuk Seri Ong Tee Keat for his steadfastness
in wanting to keep to his promise that he is all
for transparency. Ong, wrongly, has been the
subject of scorn poured by certain quarters
without understanding nor accepting the fact
that he merely inherited the problem from
his predecessors. On assuming the hot seat,
he had been consistent in wanting the cold
truth to be told to the public sans the frills
and legal jargon.
Having said that, Ong is now left with the
task of compelling the board of the Port Klang
Authority to bring to book the wrongdoers
and to recover public money which has
ended in the pockets of wrong people. It’s not
an uphill task either. Board chairman Datuk
Lee Hwa Beng is an accountant by training,
qualification and profession. He has with
him vast experience in financial procedures,
especially in the private sector. He is well
aware that all directors owe a fiduciary
duty to their shareholders. In this instance,
the shareholders are the people of Malaysia
whose money had been used to fund the
project. Hence, if the previous directors had
not exercised such duties, it is incumbent
upon the present board to act against the
acts and omissions of their predecessors
which has resulted in such a colossal loss.
Lee and his fellow board members must
also realise that they too are governed by
the same principles of fiduciary duty in that
they must take appropriate action to recover
all monies which rightfully belongs to PKA.
While the law may take its course as the
report has been handed to the Malaysian
Anti-Corruption Commission, let’s not forget
other elements of criminal offences under
the Penal Code and other statutes which
necessitate action by other law enforce-
ment agencies. Above all these, the present
directors owe it to the people to ensure that
all recommendations made in the report be
implemented without delay and without fear
or favour.
If they do not move and yield to pressure
or actions by hidden hands, they too will be
judged by the same principles. In short, they
too must be held responsible if they sit idle
and think that a report to the MACC will solve
all the ills that have afflicted the project over
the past seven years.

It pays to play
by the rules Down2Earth
by Terence Fernandez

THE Public Works Depart-
ment (PWD) wants to build
a welfare home in Bandar Sri
Damansara. Nothing wrong
with that.
At one time, it wanted
to build pedestrian bridges
across the Federal Highway.
Nothing wrong with that
either, although that project
was suspect since the pedes-
trian bridges do not serve any
purpose – since they are built
from nowhere to nowhere
– other than for companies
to put up their billboards.
What is off the mark
though is that in both instanc-
es, the department did not
apply for approval or submit
plans to the Petaling Jaya City
Council (MPBJ) – apparently
citing a 15-year-old cabinet
decision where approvals
from local councils were not
required for a federal project
or in the case of the bridges, if
construction was carried out
on federal land.
I Googled all night and
made calls to several officials
and fellow journalists. No
one remembers such a direc-
tive. I am not saying that the
PWD is lying but there must
be something amiss when
the local authority is kept out
of the loop over development
in its area.
Even if one were to plough
a pillar into the ground,
one needs a council permit.
The Bandar Sri Damansara
project even involves a
helipad. I doubt with high-
tension wires all around the
vicinity, the local authority or
Department of Civil Aviation
would approve of helicopters
flying around in the area.
Common sense aside,
there are enough provisions
in the Local Government Act
and the Town and Country
Planning Act that dictate the
proper approval process,
irrespective of whether it is
a mega complex funded by
the government or a chicken
coop in a backyard.
And as far as the PWD
is concerned, it has proven
that it cannot be relied on to
oversee construction projects.
Am I wrong? Tuesday’s
collapse of the roof of the
RM292 million Sultan Mizan
Zainal Abidin Stadium in
Kuala Terengganu a year
after its completion should
be enough to raise the alarm
over the monitoring authori-
ty’s incapacity to supervise
projects.
And if one feels we are
being unduly harsh on the
department, here is a list of
its previous “achievements”
to refresh memories:
» Cracks in the RM100 mil-
lion MRR II flyover which
cost taxpayers RM20 million
to fix;
» Johor Baru’s RM558 million
Sultan Ismail Hospital which
had to be vacated after two
months of its opening due to
fungal contamination;
» Parliament House which
leaked following a RM90 mil-
lion refurbishment; and
» Design flaws of the RM167
million Matrade building
which cost taxpayers RM19
million to fix.
Thus with a shameful
resume, coupled with its
refusal to seek council ap-
proval over the welfare com-
plex project, one cannot help
but conclude that the PWD
is slip-shod and does not go
by the book. By not adhering
to basic building rules, the
PWD is putting at risk those
who will be occupying the
Penyayang Bakti complex
– and these include the min-
isters and VIP wives who will
be frequent visitors.
MBPJ has since issued
three stop-work orders – all
of which have been defied.
A meeting was held on
Wednesday between MBPJ
and PWD. Another one in-
volving nearby residents will
be held tomorrow.
It seems to be a public
consultation after the fact
– after hills had been cut,
holes had been bored into the
ground and work going on,
on Sundays and holidays.
MBPJ must act tough and
ensure that the PWD submits
the paperwork and adheres
to ALL building plans and
rules. Any defiance by the
PWD must be dealt with
firmly. The problem with our
authorities sometimes is that
they tend to pussyfoot around
when it comes to govern-
ment agencies or important
individuals.
Better act tough now or
risk facing the people’s wrath
when something collapses
because someone decided to
take short cuts and flout the
law, while the others looked
the other way or gave up in
exasperation.
Terence says it is shameful
when government agencies
which should set a good
example, conduct themselves
illegally. He is deputy editor
special reports & investiga-
tions and can be reached at
terence@thesundaily.com.