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Thesun 2009-06-22 Page13 of Ignorance and Conflict of Interest
Thesun 2009-06-22 Page13 of Ignorance and Conflict of Interest
speak up!
Of ignorance and
conflict of interest
RESIDENTS and stakeholders who attended last shareholders. But in the public realm, Tan must be
Monday’s Subang Jaya Draft Plan public hearing seen to be impartial in dishing out advice and in
expected to see executive councillors Ronnie Liu, this case it is impossible to do so, especially when
Elizabeth Wong and public hearing committee the conflict of interest is so profound.
chairman Iskandar Abdul Samad on the panel. Moreover, Rehda is merely an association and
Who they did not expect to see was Datuk if the state town and country planning director
David Tan, a committee member of the Real feels that other opinions matter, why not recruit
Estate Housing Developers all relevant stakeholders in
Association (Rehda)’s Selan- development including archi-
gor branch. After protests
from residents and Subang Comment tects, NGOs and residents’
associations?
Jaya assemblywoman Han- by Llew Ann Phang If they are there as
nah Yeoh, it was decided that experts, why not invite the
Rehda will not sit at future draft plan meetings. Malaysian Architects Association or the House
The next one is tonight. Buyers Association (HBA)?
The argument that Rehda is there by provi- The omission of other groups gives little hope
sion of its “expertise” and by invitation of the to allay public concerns that MPSJ and the state
state town and country planning director as government were playing favourites. Not only
articulated by Rehda Selangor chairman Datuk has this lent credence to accusations of conflict
Fateh Iskandar Mohamed Mansor in his letter (see of interest but also questions the authorities’
below) is flawed since Section 14 of the Town and prudence and professionalism in getting a ho-
Country Planning Act says that the state may only listic view of development for the community by
appoint three people – in this case Liu, Iskandar engaging all stakeholders.
and Wong. It is hard to stomach Liu’s reaction that
“No others are allowed and if the committee the thought of extending the participation to
needs resource people, then it can under the other stakeholders did not occur to him until the
general principles of administrative law, appoint question was posed by this reporter.
independent resource people who have no “Actually, I’m not sure what kind of people
powers to talk or make decisions,” said planning should be enlisted for consultation purposes
law expert Derek Fernandez who provides legal but since you’ve brought this up I will put this
advice to the Selangor Government – though not question to the chairman (Iskandar) because the
on this issue. decision is his,” he said.
He said that Section 56 of the Act (read This was in stark contrast to Liu’s first state-
together with the Commissions of Inquiry Act) ment over Rehda’s presence at the hearing: “I
states that only the three state-appointed don’t know why there is an issue. They are there
commission members are allowed to call upon because they are sound in development and
expert advisers. housing issues.”
“The state town and country planning director He added that the panel at the hearing has
had no business calling Rehda when under the nothing to do with decision making as the hearing
Act Wong, Iskandar and Liu had already been is aimed at clarifying issues, listening to complaints
appointed,” he said, adding that advisers must and reasoning behind objections and issues.
have no vested interest in the subject matter. Well and good. Then why was the HBA not
With the law as clear as day, one cannot help included as advisers?
but agree with Fernandez. Fellow exco member Wong who was 40 min-
Moreover, Rehda has a vested interest in the utes late for the hearing due to an earlier meeting,
development of the area. More than half of Pu- should make this a lesson in punctuality. Known
chong falls under the jusrisdiction of Subang Jaya to be vocal against such conflicts, she found
Municipal Council (MPSJ) and the major developer herself unwittingly seated with the Rehda reps
there is IOI Properties, of which Tan is executive – not knowing who they were until later.
director. Perhaps this whole episode would also serve
No disrespect to Tan, a bona fide town plan- as a lesson to all local councils and the not-so-
ning expert. One gives him the benefit of the new state government that the basic principles
doubt and that his advice will not be encumbered of good governance include impartiality and
by him having to also consider the interests of his consultation with ALL stakeholders.
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