Govt must respect municipal law

THE controversies surrounding the RMAF hostel in Tanjung Bungah, Penang, have brought up an interesting question. What can a local authority do if a federal government department or agency does not comply with the planning law?

According to the Town and Country Planning Act, local authorities are the local planning authorities. Section 19(1) states: "No person, other than a local authority, shall commence, undertake, or carry out any development unless planning permission in respect of the development has been granted to him under section 22 or extended under subsection 24(3)."

From press reports, it is clear that the hostel has been built without the permission of Penang Island Municipal Council (MPPP). The building is now five-storey high although much work remains to be done before it can be used. Local residents have also complained about noise from the building site. Since when does the Federal Govt needs the permission of the MPPP to erect buildings or structures within its own premises ?

If the building owner were a private individual or company, the MPPP has several options. It can take summary action to demolish the building. It can take a court injunction against the owner to stop work and demolish the building. Failure to comply with a court order is a serious offence and can render the owner going to jail.

Usually, once the local council takes action, the building owner would submit a proposal to regularise the project. He or she would have to pay enhanced processing fees, usually ten times. If the council chooses, it can take the owner to court for an illegal act already committed.

In the case of the RMAF building, the options for the MPPP are not clear. Some even believe that the term "person" in Section 19(1) means only people and corporatised bodies and does not include the federal government or its agency. As such, the RMAF building is not illegal. This interpretation is wrong.

It is unthinkable for MPPP to send workers to demolish the building. Besides, it is located within an armed force compound with armed guards.

The next logical course of action is to take the RMAF and by extension the Defence Ministry to court. This is easier said than done.

The law requires that the council obtain permission of the deputy public prosecutor (DPP) in Penang to begin legal action. (This is required even if MPPP wants to prosecute a person or company). Will the DPP who is a representative of the attorney-general (A-G) give the go-ahead? In fact, can he or she?

Furthermore, if an action is taken against the RMAF, the attorney for the defence is the A-G or his appointed deputy. Can there be a scenario of A-G versus A-G?

Of all people, government officers should be the most law-abiding as their very power is based on the operation of law. Unfortunately, there have been cases of non-compliance. It is interesting to recall that according to then works minister, Datuk Seri S. Samy Vellu in 2005, "If we had to ask permission from the local authorities, a five-year plan would take 25 years to complete" (theSun, May 30, 2005).

The local authorities must not play dead in cases of non-compliance. They should bring the matter to the Housing and Local Government Ministry. The ministry should help local authorities to enforce the planning law and ensure that their efforts to bring about liveable cities are not spoilt by federal projects.

They should also inform the A-G’s chambers through the state DPP about illegal federal buildings so that acts of non-compliance reach the pinnacle of law-enforcement in the country. Surely the A-G is duty-bound or at least obliged to ensure that the federal government is law-abiding.

The state governments must be kept abreast of illegal projects. Section 20A makes it the duty of every federal and state government department or agency to consult the state planning committee, which is chaired by the chief minister or mentri besar, on any development activity that it proposes to carry out within the state.

The state leaders can assist, but should let the municipal leaders make all public statements. The guardians of the planning laws are the presidents and councillors.

The RMAF building issue can easily be resolved if the officers responsible take the necessary steps to regularise it. Failing that, the political leaders must act. How can they expect the citizens to obey the law if government officers do not?

Dr Goh Ban Lee is a senior research fellow of Seri and interested in urban governance, housing and urban planning. Comments: letters@thesundaily.com

Dr Goh , you didn't bring up these issues when you were a lecturer in USM , as if you didn't know these were the norm of the day . Now you are bringing this issue up , is it because you were recently awarded a Datukship by the Cheap Minister of Penang ? Chinese say eat chicken sleep and dine with chicken .