Thesun 2009-06-24 Page12 A Tale Of Two Councils
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Managing Editor: Chong Cheng Hai Consultant Editor: Zainon Ahmad Executive Editor: Lee Boon Siew Deputy Editor: Patrick Choo (Production), Editor: R. Nadeswaran (Special Reporting and Investigations)
A tale of two councils PROPERTY developer Peter Howell wanted a dream home. He built a five-bedroom bungalow in a rural and tranquil place, away from the hustle and bustle of the city. It cost him a whopping RM2.4 million. He had been given “outline” permission by the local council in 2004. Expecting his application to be “rubber-stamped”, he began construction almost immediately. He then submitted plans for the home and no major objections were made. But every resident nearby received a letter claiming construction had begun without proper consent and a flood of objections were raised with the council. Over five years, Howell fought to get the development order backdated, but failed. The court held that building was “dominant and visually intrusive by virtue of its height, bulk and colour” and “harmed the character and appearance of the surrounding area.” The council sent in bulldozers and reduced his house to rubble. In 1992, someone submitted a plan to build a five-storey commercial complex to a local council. It was duly approved and more than a year later, construction was completed. However, instead of five floors, the developer added a sixth. The matter was highlighted in the
CitizenNades by R. Nadeswaran
media and discussed at the local council’s full-board meeting. After “deliberations”, the council decided to impose a RM5,000 compound fine and allowed the developer to keep the sixth floor by making an “extraordinary” retrospective approval for the additional one. A case of double standards? No. In the first case of the house, it involved the Hambleton District Council in North Yorkshire as reported by the Daily Mail. Local councils in England go by the book and consider the views expressed by the entire community. In the case of the six-storey building, the local authority was the Petaling Jaya Municipal Council (MPPJ). The sitting councillors then decided “since it was already
built”, why not just collect the fine and close the files. And this “tutup mata” syndrome is visible in most local councils. Some have even coined the new phrase – build and pay – an indication of the state of affairs in our local councils vis-àvis the construction industry. These startling comparisons come to mind when one re-visits the collapse of the Jaya Supermarket building in Section 14, Petaling Jaya. Two weeks ago, I had suggested that corporate manslaughter charges be brought against those responsible for the loss of the seven lives. But it has been almost four weeks since the tragic collapse (the word “accident” would be a misnomer of sorts) and we have yet to ascertain what caused it and who caused it. In the meantime, “studies” are being carried out by various organisations including one suggested as a “way forward” by the project consultants. In a press statement, the consultants said that they have submitted a 400-page report to the Petaling Jaya City Council. “The detailed Incident Report is a comprehensive account of the events leading to the incident. It describes the parties involved and their roles in the demolition works, the approval process, the permits
IRAN’S intensifying political crisis remains dangerously unpredictable. It’s still too early to determine if the bitter feud within Teheran’s political establishment will lead to a revolution against Iran’s Islamic government that so many foreigners hope for, or burn out. Caution is advised. Much of the opinion we are getting on Iran’s crisis comes from bitterly anti-regime Iranian exiles, “experts” with an axe to grind, and US neo-conservatives yearning for war with Iran. In viewing the Muslim world, westerners keep listening to those who tell them what they want to hear, rather than the facts. US President Barack Obama’s properly stated he would refrain from being seen to meddle in Iran’s internal affairs. He did the right thing by apologising for the US/British coup that overthrew Iran’s democratic government in 1953. But Washington has also been actively attempting to undermine Iran’s Islamic government since the 1979 revolution. The US has laid economic siege to Iran for 30 years. Recently, Congress voted US$120 million (RM426 million) for antiregime media broadcasts, and US$6075 million (RM213-266 million) funding opposition, Marxists, and restive ethnic groups like Azeris, Kurds, and Arabs under the “Iran Democracy Programme”. Pakistani intelligence sources put CIA’s recent spending on “black operations” to subvert Iran’s government at US$400 million (RM1.4 billion). While the majority of protests we see in Teheran are genuine and spontaneous, western intelligence agencies are playing a key role in sustaining them and providing communications, including the newest method, via Twitter. The Teheran government made things worse by limiting foreign news reports and trying to cover up or brutally repress massive protests. We also hear lot of hypocritical humbug from western capitals. Washington, Ottawa, London and Paris accused Iran of improper electoral procedures while ignoring autocratic Middle East allies like Morocco, Tunisia, Libya, Egypt, Jordan, and Saudi Arabia, which hold only fake elections and savage real opposition. US senators, led by John McCain,
blasted Iran for not respecting human rights. That’s pretty rich after they just voted to bar the public release of ghastly torture photos from US prisons in Iraq. Iran is a weird hybrid of repressive theocratic state and democracy. Its political powers are fragmented to prevent re-emergence of another despotic shah. At least Iran holds elections, and allows often fierce political debate, though it often bars candidates. Its recent electoral turnout was an impressive 85%. There are many questions about Iran’s vote, of which incumbent President Mahmoud Ahmadinejad won 60%. But however much foreigners may detest Iran’s abrasive elected leader, he remains widely popular at home thanks to his populist programmes, generous subsidies, and ascetic lifestyle. Particularly so among farmers, the poor, pensioners, the military, and religious people. Pre-election polls that showed him headed for a big win may have been right. Ahmadinejad’s chief rival, the more moderate-sounding Mirhossein Mousavi, is also a conservative who backs Iran’s nuclear programme. He is supported by Iran’s young, many of whom are fed up with obscurantist restrictions imposed by the religious establishment. In the wings, veteran politician Ali Akbar Rafsanjani is waiting to pounce. He heads the Assembly of Experts which theoretically has the power to unseat Iran’s Supreme Leader, Ayatollah Ali Khamenei. Khamenei is not a strong leader and his best hope is for a political compromise between Ahmadinejad and Mousavi. But he could end marginalised by a secular government. Reuters reports Israel’s intelligence chief, Meir Dagan, thinks Ahmadinejad will win out. The Mossad boss reportedly worries that if Ahmadinejad falls, there will be less international pressure on Iran to end its nuclear programmes. He is probably correct. Other Middle East nations will look at Iran and conclude giving democratic rights is downright dangerous and must be avoided. Eric S. Margolis is a contributing editor to the Toronto Sun chain of newspapers, writing mainly about the Middle East and South Asia. Comments: letters@ thesundaily.com
General Manager, Advertising and Marketing: Charles Peters Senior Manager, Production: Thomas Kang Senior Manager, Distribution Channels: Joehari Abdul Jabbar
and approvals obtained, the procedures observed, a chronology of the activities following the incident on May 28 as well as provides a summary of the possible causes of the tragedy which claimed the lives of seven construction workers. “The report was filed by us in accordance with our respective obligations under the Uniform Building By-laws. Copies have also been submitted as requested to other regulators and standards-setters including the Lembaga Akitek Malaysia and the department of occupational safety,” the statement, among others says. Standards-setters? Who has set standards? Does any one organisation deserve such a description? To be described as one, someone or some organisation must have investigated and established the cause within days! Instead, various agencies are pussy-footing in the hope that Malaysians will forget the issue and the seven deaths become yet another statistic in the annals of the construction industry. Why are we so lackadaisical when it involves workers? Why do we jump sky high when it involves those associated with the rich and famous or those who have pre-fixes to their names? Are their lives more valuable than those who cross the high seas to eke out a living in our country? Why this crass attitude towards safety? To say that we have sufficient safety standards is a gross understatement. Walk around building sites and you will see those without
| WEDNESDAY JUNE 24 2009
Tel (Editorial): 03-7784 6688 Fax: 03-7785 2624/5 Email: [email protected] Tel (Advertising): 03-7784 8888 Fax: 03-7784 4424 Email: [email protected]
proper working boots and helmets. Some contractors take short-cuts and do not want to invest in safety equipment. But can the developers or the consultants be absolved of their responsibilities? Isn’t it their duty to ensure the contractor meets the minimum standards required by the law? Enforcement of the laws seems to be a basic problem. There are too many agencies and departments that are related to the construction industry. Instead of acting in concert, each appears to be acting without consulting each other. There seems to be no cohesive plan and when injury and death occur, they are treated as “just another accident”. It is hoped that the measures taken in the aftermath of the Jaya Supermarket crash will compel all parties involved to be more conscious of their responsibilities. I am tempted to repeat what I read on a bingo card many years ago: For some people, nothing gets into their heads except through a crack. Likewise, a jail sentence for corporate manslaughter of negligently causing death would send the right message to those who make ringgit signs their priority over human lives. R. Nadeswaran will keep reminding those involved and the public that workers’ lives are as valuable as those of millionaire developers. He is editor (special investigations) at theSun. He can be reached at: [email protected]
letters
The devil you know by Eric S. Margolis
theSun
TELLING IT AS IT IS
[email protected]
Focus on efficient energy use
Asian shares dive on recovery fears pg 15
THE country’s demand for energy will increase with the increase in population and expansion of industries. According to Energy, Green Technology and Water Minister Datuk Peter Chin Fah Kui, Malaysia’s energy demand may hit 28,500 megawatts (MW) by 2020 compared to 15,656 MW last year. This means there will be an increase of nearly 82% from our current electricity demand. Such an increase in demand will cause an increase in usage of raw material and eventually increase in cost of electricity as future fuel market prices will continue to surge. As consumers, all of us would like to pay our price and ensure that electricity is used efficiently. Do our nation’s policies reflect that? First, industries that consume a lot of electricity are given a discount. This will actually promote wastage as it’s cheaper to waste electricity than being energy efficient. The industry that reduces its energy consumption while maximising output should be rewarded, as its energy footprint per product is reduced. Industries that support “true” energy
efficiency approaches through engineering solutions must also be promoted. Power factor requirement enforcement must also be done by providing industrial and commercial consumers proper guidance on how to improve power factor through usage of capacitor banks. Second, energy efficiency labelling of electrical and electronic goods is lacking. Locally designed labelling is only available for refrigerators and industrial high efficiency motors. What about the rest? Labelling and enforcement must be there to ensure consumers can make an informed choice to reduce their energy consumption. Third, unification of energy sectors as a whole. Too many agencies are involved in energy industry. There should be one agency that is in charge of energy from source, generation, supply and pricing. This agency must be able to connect to all related agencies to function and not a “stand alone” agency. Fourth, search for new resources for energy is the current focus. There is no solid
move towards ensuring energy efficiency in all levels. For example, is the steam produced in our power plants used? This utilisation ensures that energy conversion loss is reduced. There should be integrated power generation to supply excess steam that can be reused for processes. It has been practised in many countries for many years to maximise the use of energy source. We must innovate to ensure energy efficient products. Even if energy demand is met with huge investments, no one would agree that it should be supplied to be wasted. There will never be a real cost benefit analysis as we are buying electricity to waste. We urge the government to tackle energy efficiency issues before moving forward with solving the predicted energy crisis. Consumers can find more information on energy efficiency at www.switch.org.my. S. Piarapakaran Secretary-General Water and Energy Consumer Association of Malaysia
Respect dissent, stop the violence THE International Movement for a Just World (JUST) condemns the violence that has accompanied the Iranian government’s crackdown on dissent in the last ten days following the disputed presidential election of June 12. According to state media, 17 people have been killed so far and hundreds injured. The alternative media has highlighted the killing of a 16-year-old girl who had demonstrated in Teheran on June 20. From various sources inside and
outside Iran, the general picture that emerges is of people protesting peacefully against alleged electoral fraud. Harsh retaliation on the part of the security forces and the Basej, the militia that is loyal to the Supreme Leader, Ayatollah Ali Khamenei, is unwarranted. The Iranian government should recognise and respect the legitimacy of peaceful dissent expressed through rallies, assemblies and the alternative media. It is a right enshrined in the Iranian Constitution itself. It is conso-
nant with both the letter and the spirit of the Noble Quran and the life of the Prophet Muhammad (may peace be upon him). Suppressing legitimate dissent through force will only undermine the moral authority of the government. It is such suppression that often leads to instability, “bloodshed and chaos”. Dr Chandra Muzaffar President, International Movement for a Just World
speak up!
Managing Editor: Chong Cheng Hai Consultant Editor: Zainon Ahmad Executive Editor: Lee Boon Siew Deputy Editor: Patrick Choo (Production), Editor: R. Nadeswaran (Special Reporting and Investigations)
A tale of two councils PROPERTY developer Peter Howell wanted a dream home. He built a five-bedroom bungalow in a rural and tranquil place, away from the hustle and bustle of the city. It cost him a whopping RM2.4 million. He had been given “outline” permission by the local council in 2004. Expecting his application to be “rubber-stamped”, he began construction almost immediately. He then submitted plans for the home and no major objections were made. But every resident nearby received a letter claiming construction had begun without proper consent and a flood of objections were raised with the council. Over five years, Howell fought to get the development order backdated, but failed. The court held that building was “dominant and visually intrusive by virtue of its height, bulk and colour” and “harmed the character and appearance of the surrounding area.” The council sent in bulldozers and reduced his house to rubble. In 1992, someone submitted a plan to build a five-storey commercial complex to a local council. It was duly approved and more than a year later, construction was completed. However, instead of five floors, the developer added a sixth. The matter was highlighted in the
CitizenNades by R. Nadeswaran
media and discussed at the local council’s full-board meeting. After “deliberations”, the council decided to impose a RM5,000 compound fine and allowed the developer to keep the sixth floor by making an “extraordinary” retrospective approval for the additional one. A case of double standards? No. In the first case of the house, it involved the Hambleton District Council in North Yorkshire as reported by the Daily Mail. Local councils in England go by the book and consider the views expressed by the entire community. In the case of the six-storey building, the local authority was the Petaling Jaya Municipal Council (MPPJ). The sitting councillors then decided “since it was already
built”, why not just collect the fine and close the files. And this “tutup mata” syndrome is visible in most local councils. Some have even coined the new phrase – build and pay – an indication of the state of affairs in our local councils vis-àvis the construction industry. These startling comparisons come to mind when one re-visits the collapse of the Jaya Supermarket building in Section 14, Petaling Jaya. Two weeks ago, I had suggested that corporate manslaughter charges be brought against those responsible for the loss of the seven lives. But it has been almost four weeks since the tragic collapse (the word “accident” would be a misnomer of sorts) and we have yet to ascertain what caused it and who caused it. In the meantime, “studies” are being carried out by various organisations including one suggested as a “way forward” by the project consultants. In a press statement, the consultants said that they have submitted a 400-page report to the Petaling Jaya City Council. “The detailed Incident Report is a comprehensive account of the events leading to the incident. It describes the parties involved and their roles in the demolition works, the approval process, the permits
IRAN’S intensifying political crisis remains dangerously unpredictable. It’s still too early to determine if the bitter feud within Teheran’s political establishment will lead to a revolution against Iran’s Islamic government that so many foreigners hope for, or burn out. Caution is advised. Much of the opinion we are getting on Iran’s crisis comes from bitterly anti-regime Iranian exiles, “experts” with an axe to grind, and US neo-conservatives yearning for war with Iran. In viewing the Muslim world, westerners keep listening to those who tell them what they want to hear, rather than the facts. US President Barack Obama’s properly stated he would refrain from being seen to meddle in Iran’s internal affairs. He did the right thing by apologising for the US/British coup that overthrew Iran’s democratic government in 1953. But Washington has also been actively attempting to undermine Iran’s Islamic government since the 1979 revolution. The US has laid economic siege to Iran for 30 years. Recently, Congress voted US$120 million (RM426 million) for antiregime media broadcasts, and US$6075 million (RM213-266 million) funding opposition, Marxists, and restive ethnic groups like Azeris, Kurds, and Arabs under the “Iran Democracy Programme”. Pakistani intelligence sources put CIA’s recent spending on “black operations” to subvert Iran’s government at US$400 million (RM1.4 billion). While the majority of protests we see in Teheran are genuine and spontaneous, western intelligence agencies are playing a key role in sustaining them and providing communications, including the newest method, via Twitter. The Teheran government made things worse by limiting foreign news reports and trying to cover up or brutally repress massive protests. We also hear lot of hypocritical humbug from western capitals. Washington, Ottawa, London and Paris accused Iran of improper electoral procedures while ignoring autocratic Middle East allies like Morocco, Tunisia, Libya, Egypt, Jordan, and Saudi Arabia, which hold only fake elections and savage real opposition. US senators, led by John McCain,
blasted Iran for not respecting human rights. That’s pretty rich after they just voted to bar the public release of ghastly torture photos from US prisons in Iraq. Iran is a weird hybrid of repressive theocratic state and democracy. Its political powers are fragmented to prevent re-emergence of another despotic shah. At least Iran holds elections, and allows often fierce political debate, though it often bars candidates. Its recent electoral turnout was an impressive 85%. There are many questions about Iran’s vote, of which incumbent President Mahmoud Ahmadinejad won 60%. But however much foreigners may detest Iran’s abrasive elected leader, he remains widely popular at home thanks to his populist programmes, generous subsidies, and ascetic lifestyle. Particularly so among farmers, the poor, pensioners, the military, and religious people. Pre-election polls that showed him headed for a big win may have been right. Ahmadinejad’s chief rival, the more moderate-sounding Mirhossein Mousavi, is also a conservative who backs Iran’s nuclear programme. He is supported by Iran’s young, many of whom are fed up with obscurantist restrictions imposed by the religious establishment. In the wings, veteran politician Ali Akbar Rafsanjani is waiting to pounce. He heads the Assembly of Experts which theoretically has the power to unseat Iran’s Supreme Leader, Ayatollah Ali Khamenei. Khamenei is not a strong leader and his best hope is for a political compromise between Ahmadinejad and Mousavi. But he could end marginalised by a secular government. Reuters reports Israel’s intelligence chief, Meir Dagan, thinks Ahmadinejad will win out. The Mossad boss reportedly worries that if Ahmadinejad falls, there will be less international pressure on Iran to end its nuclear programmes. He is probably correct. Other Middle East nations will look at Iran and conclude giving democratic rights is downright dangerous and must be avoided. Eric S. Margolis is a contributing editor to the Toronto Sun chain of newspapers, writing mainly about the Middle East and South Asia. Comments: letters@ thesundaily.com
General Manager, Advertising and Marketing: Charles Peters Senior Manager, Production: Thomas Kang Senior Manager, Distribution Channels: Joehari Abdul Jabbar
and approvals obtained, the procedures observed, a chronology of the activities following the incident on May 28 as well as provides a summary of the possible causes of the tragedy which claimed the lives of seven construction workers. “The report was filed by us in accordance with our respective obligations under the Uniform Building By-laws. Copies have also been submitted as requested to other regulators and standards-setters including the Lembaga Akitek Malaysia and the department of occupational safety,” the statement, among others says. Standards-setters? Who has set standards? Does any one organisation deserve such a description? To be described as one, someone or some organisation must have investigated and established the cause within days! Instead, various agencies are pussy-footing in the hope that Malaysians will forget the issue and the seven deaths become yet another statistic in the annals of the construction industry. Why are we so lackadaisical when it involves workers? Why do we jump sky high when it involves those associated with the rich and famous or those who have pre-fixes to their names? Are their lives more valuable than those who cross the high seas to eke out a living in our country? Why this crass attitude towards safety? To say that we have sufficient safety standards is a gross understatement. Walk around building sites and you will see those without
| WEDNESDAY JUNE 24 2009
Tel (Editorial): 03-7784 6688 Fax: 03-7785 2624/5 Email: [email protected] Tel (Advertising): 03-7784 8888 Fax: 03-7784 4424 Email: [email protected]
proper working boots and helmets. Some contractors take short-cuts and do not want to invest in safety equipment. But can the developers or the consultants be absolved of their responsibilities? Isn’t it their duty to ensure the contractor meets the minimum standards required by the law? Enforcement of the laws seems to be a basic problem. There are too many agencies and departments that are related to the construction industry. Instead of acting in concert, each appears to be acting without consulting each other. There seems to be no cohesive plan and when injury and death occur, they are treated as “just another accident”. It is hoped that the measures taken in the aftermath of the Jaya Supermarket crash will compel all parties involved to be more conscious of their responsibilities. I am tempted to repeat what I read on a bingo card many years ago: For some people, nothing gets into their heads except through a crack. Likewise, a jail sentence for corporate manslaughter of negligently causing death would send the right message to those who make ringgit signs their priority over human lives. R. Nadeswaran will keep reminding those involved and the public that workers’ lives are as valuable as those of millionaire developers. He is editor (special investigations) at theSun. He can be reached at: [email protected]
letters
The devil you know by Eric S. Margolis
theSun
TELLING IT AS IT IS
[email protected]
Focus on efficient energy use
Asian shares dive on recovery fears pg 15
THE country’s demand for energy will increase with the increase in population and expansion of industries. According to Energy, Green Technology and Water Minister Datuk Peter Chin Fah Kui, Malaysia’s energy demand may hit 28,500 megawatts (MW) by 2020 compared to 15,656 MW last year. This means there will be an increase of nearly 82% from our current electricity demand. Such an increase in demand will cause an increase in usage of raw material and eventually increase in cost of electricity as future fuel market prices will continue to surge. As consumers, all of us would like to pay our price and ensure that electricity is used efficiently. Do our nation’s policies reflect that? First, industries that consume a lot of electricity are given a discount. This will actually promote wastage as it’s cheaper to waste electricity than being energy efficient. The industry that reduces its energy consumption while maximising output should be rewarded, as its energy footprint per product is reduced. Industries that support “true” energy
efficiency approaches through engineering solutions must also be promoted. Power factor requirement enforcement must also be done by providing industrial and commercial consumers proper guidance on how to improve power factor through usage of capacitor banks. Second, energy efficiency labelling of electrical and electronic goods is lacking. Locally designed labelling is only available for refrigerators and industrial high efficiency motors. What about the rest? Labelling and enforcement must be there to ensure consumers can make an informed choice to reduce their energy consumption. Third, unification of energy sectors as a whole. Too many agencies are involved in energy industry. There should be one agency that is in charge of energy from source, generation, supply and pricing. This agency must be able to connect to all related agencies to function and not a “stand alone” agency. Fourth, search for new resources for energy is the current focus. There is no solid
move towards ensuring energy efficiency in all levels. For example, is the steam produced in our power plants used? This utilisation ensures that energy conversion loss is reduced. There should be integrated power generation to supply excess steam that can be reused for processes. It has been practised in many countries for many years to maximise the use of energy source. We must innovate to ensure energy efficient products. Even if energy demand is met with huge investments, no one would agree that it should be supplied to be wasted. There will never be a real cost benefit analysis as we are buying electricity to waste. We urge the government to tackle energy efficiency issues before moving forward with solving the predicted energy crisis. Consumers can find more information on energy efficiency at www.switch.org.my. S. Piarapakaran Secretary-General Water and Energy Consumer Association of Malaysia
Respect dissent, stop the violence THE International Movement for a Just World (JUST) condemns the violence that has accompanied the Iranian government’s crackdown on dissent in the last ten days following the disputed presidential election of June 12. According to state media, 17 people have been killed so far and hundreds injured. The alternative media has highlighted the killing of a 16-year-old girl who had demonstrated in Teheran on June 20. From various sources inside and
outside Iran, the general picture that emerges is of people protesting peacefully against alleged electoral fraud. Harsh retaliation on the part of the security forces and the Basej, the militia that is loyal to the Supreme Leader, Ayatollah Ali Khamenei, is unwarranted. The Iranian government should recognise and respect the legitimacy of peaceful dissent expressed through rallies, assemblies and the alternative media. It is a right enshrined in the Iranian Constitution itself. It is conso-
nant with both the letter and the spirit of the Noble Quran and the life of the Prophet Muhammad (may peace be upon him). Suppressing legitimate dissent through force will only undermine the moral authority of the government. It is such suppression that often leads to instability, “bloodshed and chaos”. Dr Chandra Muzaffar President, International Movement for a Just World
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