Saturday, January 12, 2008

TBRA ended 2007 with a Public Forum calling for more transparency and accountability in Local Government…


The Tanjong Bunga Residents’ Association (TBRA) spearheaded a Public Forum on Transparency in Local Governance on 2 Dec 2007. Together with other NGOs in Penang, it invited other residents’ associations to campaign for greater accountability and more effective citizens’ participation.


Keynote speaker, lawyer Derek Fernandez said “Too much damage has been done in Penang, but we can still save it if there is a concerted effort to stop the rot”. Lim Hooi Siang, chairman of TBRA said in his welcome address that “If all residents’ associations speak with one voice, that voice will be louder and may be more effective than all the letters to the Chief Minister and the MPPP we have written. This Forum could be the beginning of a change to reinstate local democracy. If the rakyat can elect their local representatives freely and fairly, the local authorities will have to become more accountable and responsive.”

Derek Fernandez shared a video about the human impact of the 12/11 Highland Towers disaster. It was completely avoidable, he said. It should never have happened. We must learn from it and prevent another hillside collapse elsewhere. He illustrated his speech with slides on accountability. “There is a dire and immediate need for residents to organize themselves in an effective manner with Resident Associations of different areas finding common ground and co-operating so as to protect their common values in relation to their quality of life and the use of the environment because ultimately the failure to do so will cause everyone to suffer. Residents must be vigilant and vigorously protect their rights and demand a transparency and accountability in the development process. They are entitled to demand that those in public office who break the law, circumvent the law and abuse their power be removed from office and face the consequences as provided for by the law.”


He showed examples of economic and ecological damage done because local councils were not vigilant or were listening to developers rather than to their conscience. For example, privatisation of loss-making businesses makes sense but privatising essential services that are doing well is a scandal. Penang is lucky, he said, it has the best water in the country at the cheapest rates. But its waterfront is going to the dogs; it is fast becoming a concrete jungle.


Syed Jaafar of the Residents Association of Bayan Baru agreed: “When I go to Tanjong Bunga, I want to see the beach. Most countries have a beach-road-hotel sequence but no more in Penang, buildings are now hiding the beaches.” He began his association 25 years ago when there was severe flooding and no action. We threatened to sue the government, he said, and that seemed to work. “Don’t act in isolation, get together, galvanise the experience and advice from within the community, there is more expertise than you think”.

Edward Lee of the very active Petaling Jaya RA, gave some practical advice: go from house to house, get organised, know your facts, be professional, get the lawyers, the engineers, the accountants and the housewives from your town together and work for the common goal. It takes time and effort but it can be done. Lee Laine, vice-chair of TBRA, joined in and related how she joined the association because she was angry about the haphazard development in her area. Seeing the Cove’s “four sore fingers” going up at 41 storeys each, right by the beach, made me angry again, she said. “There is no local plan, developers are having a field day, residents deserve to know what is allowed and where the lines must be drawn.” Ahmad Chik of the Penang Hill association and moderator of the panel, joined in by reminding the public that the massive projects for Penang Hill had been defeated by joint action and that it could be done again.

Questions from the floor concerned the same lack of planning. How could one shopping mall after another be approved in an indiscriminate manner? Each one had its brief heyday and then collapsed because a new and bigger one competed. Edward Lee said that there is a Town Planning Act but it is not put in practice: the highest bidder gets the green light. Derek Fernandez responded by stating that market driven ad-hoc planning is the worst form of planning – flavour of the month approach. In PJ, a stop has been put to that, there are zones now; zoning looks at how developments will affect surrounding properties, at what impact buildings will have on traffic, on infrastructure and residents know what to expect.


Another complaint came from a condo owner whose view became blocked by another high rise building in front. When she purchased the condo, she was told that only six storeys were allowed on the land below and now there is a 39-storey monster! The fines for exceeding the height are too small. Derek replied that zoning and enforcement of the zoning plan would help but that the “buyer beware” principle also applies. Buyers should not believe all the beautiful plans and talks of the developer but do a serious check into the ownership of the surrounding lots. “Many developers and buyers are selfish, they don’t care about the people behind their development”.

“Local government is powerful - it can make decisions for the interest of the community. And if they don’t, they should be booted out. Tanjong Bunga is lucky, your Assembly man is elected. Get his votes counted and tell him what you think of his performance…” Persuade people not to buy offending condo’s; even foreigners can be scared into not investing. If the press is censored, use the Internet, use blogsites, ask for legal hearings, warn against hill slides, traffic jams, infrastructure problems.


The seven Residents’ Associations present agreed to adopt the “Penang Charter”* as a working document in a new endeavour to work together toward greater transparency and accountability.

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