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16 theSun | MONDAY DECEMBER 15 2008

speak up!

Pay for your follies

Bukit Antarabangsa are concerned, they can
residents who were victims line their pockets with their
of Saturday’s landslide Napoleonastic decisions, but
will be taking legal action they cannot be liable and
against the authorities. The that their fat bank accounts
committee will get legal cannot be touched.
advice on the matter as As I write these words,
they have strong evidence I am staring at a bundle
to pursue their claims. I of documents in which
don’t want to reveal what the (then) Petaling Jaya
it is now, but we have Municipal Council had
photographs and copies of CitizenNades authorised the trespass and
complaints made to the local occupation of private land.
authority. by R. Nadeswaran
The case is before the courts
Bukit Antarabangsa and commenting on it would
Action Committee taxpayers’ money be utilised only invite the vultures who
chairman Datuk N. to pay the ‘debts’ of such want to feast on what I write,
Muneandy. people? In my view, the but I care two hoots for the
answer is no,” he said. convicted felons and bribe-
The state authority, local “In my view, the givers who think Terence
authority and any public provision of basic necessities Fernandez is easy-picking.
officer or officer or employee for the general public has In this instance, the
of the local authority shall priority over compensation trespasser is being sued and
not be subject to any action, for pure economic loss of his defence is that MPPJ
claim, liabilities or demand some individuals, who are authorised the trespass.
whatsoever arising out of clearly better off than the While MPAJ is not a party
any building or other works majority of the residents in to the suit and if and when
carried out in accordance the local council area,” he it becomes an intervener or
with the provision of this said. a third party, the Section 95
Act or any by-laws made He said a local council defence would be the only
thereunder or by reason of has an endless list of duties option.
the fact that such building to perform for its residents Having said that, I want
works or the plans thereof and relied mainly on to question the wisdom of
are subject to inspection assessment rates and fees for the people who incorporated
and approval by the state licences. this “do wrong and get
authority, local authority, In his dissenting away with it” clause in
or such public officer or judgment on the post- this very important piece
NEW SLIDING PACT_EX officer or employee of the
state authority or the local
collapse liability, Justice
Shim said the MPAJ could
of legislation. The Federal
Court decision in the case
Slide for perfect luminous glow. Perfection comes naturally to you. authority and nothing in not seek shelter because this of Steven Phoa and Others
Compact powder available in: this Act or any by-laws was a case of negligence v Ampang Jaya Municipal
Sliding Pact_EX [Snow Crystal] SPF 25/PA++ made thereunder shall in failing to formulate and Council further encouraged
Sliding Pact_EX [Snow UV Crystal] SPF 35/PA+++ make it obligatory for the implement the master the corrupt practices, the
state authority or the local drainage plan so as to high-handedness and
authority to inspect any ensure the stability and the lawlessness of some
building, building works safety of the adjacent Blocks council officials, including
or materials or the site of Two and Three. He said presidents, who enter into
any proposed building to there was an assumption of one-sided agreements
ascertain that the provisions responsibility by the MPAJ with total disregard for the
Luminous Glow with of this Act or any by-laws to do what it had promised. interests of the council’s
Snow Crystal perfection made thereunder are
complied with or that
“I do not think it would
be in the public interest
coffers or the ratepayers.
If this 2-1 decision is
Showcasing a breakthrough in makeup, LANEIGE plans, certificates and that a local authority such a precedent, then it gives
reveals Sliding Pact_EX, a rendition of Aqua- notices submitted to him are as the MPAJ should be the people in power to
Luminosity that creates a dewy, water-glittering accurate. allowed to disclaim liability enter into millions, if not
Section 95(2) of the for negligence committed billion-ringgit deals; collect
skin tone. Sliding Pact_EX gives you a deep
Street, Drainage and beyond the expansive their commissions and be
radiance and luxurious tinge. shelter of the law or other
Buildings Act. immune from prosecution
relevant provisions of the or other forms of action by
THEY want to sue, but the Act nor would it be fair, just those who suffer as a result
Definition of a Luminous Glow law gives the wrongdoers, in and reasonable to deprive of such decisions.
1. A radiance, natural skin tone this case the Ampang Jaya the respondents of their It is understandable
2. Light-reflecting powder that shows off your Municipal Council (MPAJ) rightful claims under the if a decision is made
natural radiance immunity from liability. In law,” he said. inadvertently or on the
3. Makeup designed to highlight and contour the Highland Towers case I would want to agree basis of an oversight, which
your facial features involving the same local with Justice Shim. The then becomes a mitigating
council, a three-member simple reason that some factor. However, when it is
panel presided by the then of the people in the done deliberately (perhaps
For a natural glow, first apply Snow Crystal Dual
Chief Judge of Sabah and council are acting with for a fistful of ringgit) or
Foundation and elicit your radiance with Sliding Sarawak Justice Steve Shim with full knowledge of its
Pact_EX for a wonderful glow.
Lip Kiong and Federal implications or negligently,
Court judges Datuk Abdul there should be no
Hamid Mohamed and Datuk protection.
Arifin Zakaria ruled that the It is ironic, immoral and
Available Shades:
1. Translucent Skin Tone
For true radiance, first apply Shimmering
Multi Cream and Snow Crystal Dual MPAJ was not liable in the It is ironic, immoral and unacceptable that we have a
Foundation. Next, perfect your look with your
2. Bright Skin Tone
Sliding Pact_EX for a flawless look. pre-collapse period as well unacceptable that we law that protects the corrupt
3. Lively Skin Tone
as post-collapse period of and the wrongdoers. While
Block One of the towers. have a law that protects attempts are made to have
They said local emergency motions debated
authorities such as the MPAJ the corrupt ... it is in Parliament, it is hoped
were given full immunity hoped that one of our that one of our MPs will
under Section 95 (2) of the have the moral conviction
Street, Drainage & Building MPs will have the moral to introduce a Private Bill to
Act 1974 (Act 133) from amend the Act, should the
Receive a 9-pc LANEIGE Gift with purchase of RM350* and above. claims for the pre-collapse conviction to introduce government fail to listen to
period. a Private Bill to amend the clarion call of the people.
Receive an additional Be a Club LANEIGE Member! Justice Abdul Hamid
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with purchase of RM600 and above. & LANEIGE Note Book* local councils were made R. Nadeswaran agrees
liable, it would open the government fail to listen with the Charles Dickens
Exclusive for THE SUN readers! floodgates to further claims
for economic loss, and this
to the clarion call of the character who uttered that
“the law is an ass”. He hopes
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would deplete the council’s people.” our lawmakers will not only
* Qualifying purchase is not with other promotion, discounts or value sets. One gift set per customer. While stocks lasts. Laneige management reserves the right to replace resources meant for the look into this clause but
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provision of basic services impunity is because of the other obsolete and ridiculous
and infrastructure. immunity. They don’t care ones in our statute books.
• JUSCO (Mid Valley, Bandar Utama, Bukit Indah JB) • PARKSON (Pavilion, Sunway Pyramid, Gurney Plaza) “Projects will stall. The if their decisions cause He is editor (special and
local council may go bust. inconvenience, economic investigative reporting) and
Even if it does not, is it fair, losses, damage, injury or can be reached at: citizen-
just and reasonable that even death. As far as they