Call for action on flooding solution


Some representatives of the 24 residents associations and management corporations showing messages urging the state to resolve the flood issues in Penang. — Photos: ASRI ABDUL GHANI /The Star
Meenakshi (right) speaking on the group’s concerns at the press conference.

Irked residents to hold meeting with state representatives on Oct 29

FRUSTRATED by the never-ending flood problems in Penang, a group has got together to arrange a meeting with state representatives on Oct 29.

The group of 24 residents associations and management corporations believes that the blame game between Barisan Nasional and Pakatan Harapan politicians should be stopped as the floods have caused a lot of hardship to the people.

Spokesperson Meenakshi Raman said the group would have experts share data collected on floods in their respective areas at the briefing.

“We want to make a collective call to the state government to take the flood and hill erosion issues very seriously,” she said at a press conference at the Consumers Association of Penang in Jalan Masjid Negeri yesterday.

Meenakshi said the state representatives could use the data gathered at the briefing titled ‘Penang Flood: Call for Action’ and discuss the matter during the upcoming state assembly in November.

The briefing is open to the public and the venue and time will be announced later.

“Flood mitigation alone is inadequate. We want comprehensive action and a stop to unsafe overdevelopment at hill slopes,” said Meenakshi.

Representatives of residents groups from Bandar Baru Ayer Itam attended the press conference to voice their dissatisfaction over the repeated flooding in the township, especially in Lebuhraya Thean Tek, Jalan Thean Tek and Lintang Thean Tek.

The groups are from Tanjung Court Condominium, Desa Delima (Tower Blocks), Sri Impian, Fortune Court, Treasure Ville and Desa Baiduri.

Tanjung Court Condominium residents ad-hoc group representative K. Suthakar said Lebuhraya Thean Tek in Bandar Baru Ayer Itam would be badly hit by floods every time there was heavy rain.

“The state government keeps saying that the Federal Government doesn’t give them enough money.

“Will the flooding problems go on for five or 10 more years? How long is this going to continue? We are suffering,” he said.

He urged MPs to attend the briefing as well so that they could bring up the flood issue in Parliament.

Later, the group showed photos of landslides that happened during the Sept 15 flooding at Fettes Park, Solok Tembaga and Sungai Ara.

They urged Chief Minister Lim Guan Eng to focus on resolving the flood issues.

Penang Opposition leader Datuk Jahara Hamid said it was a good initiative to hold the briefing as there was a need to better understand the concerns of the people.

“I can only confirm attendance after the venue and time have been fixed,” she said.

Meanwhile, PKR Penanti assemblyman Dr Norlela Ariffin said she would attend the briefing.

Source: by Intan Amalina Mohd Ali The Star

Related links:

Collective call to Penang government to solve … – New Straits Times

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Behind BJ Cove houses at Lintang Bukit Jambul 1 is an IJM Trehaus Project.  Approximate Coordinates : 5°20’38.47″N,100°16’…

 

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IJM hill clearing & Trehaus construction damaged nearby houses since 2014 must be mitigated quickly!


Behind BJ Cove houses at Lintang Bukit Jambul 1 is an IJM Trehaus Project.
Approximate Coordinates : 5°20’38.47″N,100°16’52.82″E
Reported  in August 2016. Photos taken in November 2016 and 2014 by Penang Forum
PHW Report
Clearing and construction for a condo and semi-detached housing
project, Trehaus, reported in http://anilnetto.com/ 26 Aug 2016. Photo
taken in 2014 …
Click for map:

https://hillclearinginpenang.ushahidi.io/views/map

Sources: Penang Hills Watch (PHW) | Penang Forum

Behind BJ Cove houses at Lintang Bukit Jambul 1 is an IJM Trehaus Project.

Two invalid pipe culverts formed sinkholes at BJ Cove houses

The following plan clearly shows an underground pipe culvert from the IJM Trehaus site that converged  directly, vertically at BJ Cove houses from another underground  pipe culvert at nearby pond were burst, caused house cracks, floods, formed sinkholes (by two pipe culverts converged in red) and damaged  to  BJ Cove houses in 2015 due to blockages of waters whenever rains and because of lack of drainage systems.  The sinkhole was caused by soil erosion due to waters under the ground.
Therefore, damages to houses were caused by severe soil erosion due to water movement under the road and buildings.

Underground Pipe Culverts from IJM Trehaus site on the left and nearby pond on the right

The following is an underground pipe culvert from the IJM Trehaus site behind BJ Cove houses at Lintang Bukit Jambul 1:

IJM constructing an underground pipe Culvert in 2014 to BJ Cove Houses
IJM constructing an underground pipe Culvert in to BJ Cove Houses
IJM Underground Pipe Culvert to BJ Cove Houses

IJM Underground Pipe Culvert to BJ Cove Houses
Waters gushing down from IJM Trehaus site to BJ Cove houses:
Waters flow from IJM Trehaus to BJ Cove houses

 

Waters gushing down from IJM Trehaus site to BJ Cove houses

Waters from IJM site stucked at behind BJ Cove houses

The nearby pond besides IJM Trehaus site:

Serious Drainage Issues

The Department of Irrigation and Drainage (DID or JPS) has just started
constructing the drain from the pond to divert the waters:
A drain under construction by JPS to divert waters from the nearby pond but show no sign to divert waters from IJM Site
Drain water flow under construction by JPS to divert waters from the nearby pond
We are concerned as to how IJM is going to resolve the pipe culvert from their side as JPS has confirmed IJM failure to comply with sediment control plan (ESCP).
Letters fromThe Department of Irrigation and Drainage (DID or JPS)

Clearly, the underground pipe culverts leaked and waters seeped through the cracks as it did not happen immediately but over a period of time!

 
Despite the underground pipe culverts declared invalid by JPS and the Penang City  Council’s (Majlis Perbandaran Pulau Pinang, i.e. MBPP) has issued stop work orders directing the developers, Worldwide Venture Sdn Bhd, a subsidiary of IJM Land to rectify the damages within 1 and 2 weeks time since 2015 (as per the attached  letters below), multiple wall cracks, slabs collapsed, PBA water pipes burst, leakage charges, damaging ceiling, electrical DB board, and tiles fallen, broken/popped up,  are still pending settlement and remedial works to be carried out by parties responsible for the damages since 2014 !!

Letters from Penang City Council’s (Majlis Perbandaran Pulau Pinang)

 

Letters from Developers: Worldwide Venture Sdn Bhd, an subsidiary of IJM Land:
 

 

Damaged houses

 Damages appeared after IJM began construction works in 2014, like hill clearing, rock-blasting, piling and digging culvert at Trehaus site. As a result, waters seepage through multiple cracks on the ground, walls, tiles fallen from roofs and popped up from the ground due to vibration from rock-blasting and piling for the building.

Pictures showing floods, sinkholes at Lintang Bukit Jambul 1, 11900 Penang,  damaged to BJ Cove houses, cracks, waters leakages seeped through the cracks, slabs collapsed, ceilings & tiles broken & fallen, electrical DB board explosion, etc caused by severe soil erosion due to water movement under the road and buildings. The underground pipe leaked and waters seeped through the cracks!

 

Sinkhole at BJ Cove house no. 20

IJM converted the sinkhole into a manhole waters from their underground pipe culvert at Trehaus

Sinkhole at house 20 is covered up by IJM’s underground pipe culvert from  IJM Trehaus

IJM converting the sinkhole at BJ Cove no. 20

 

 

 

We demand immediate enforcement & Actions:

 

1. The parties responsible must quickly without further delays, to settle the claims and start the remedial works to the damaged houses, as both JPS has declared underground pipe culverts invalid and  MBPP has  issued stop work orders directed the developers, Worldwide Venture Sdn Bhd, a subsidiary of IJM Land to rectify the damages within 1 and 2 weeks time since 2015!

 

2. Divert waters from the two invalid underground pipe culverts, which it deems as illegal from IJM Trehaus site and the nearby ponds must be close and grout as a long term solution to the problems.

 

3. Beef up the enforcement and accountability not just in government agencies but also in professional bodies, like the Board Of Engineers Malaysia (BEM),  the Institute of Engineers Malaysia (IEM), etc to  uphold the professional ethics, integrity and standards, to ensure public safety of buildings and people life.

 

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Corruption has no place in any culture


LATELY, we have been seeing many photographs and a lot of video footage of handcuffed men and women in orange T-shirts bearing the words “Lokap SPRM”.

These are people who have been arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with its investigations. Lokap SPRM is the Bahasa Malaysia term for the MACC lock-up.

Some of these men and women have been or will be charged in court for offences such as offering or soliciting bribes and abuse of power. If they are guilty, they will be punished.
But what if the wrongdoing is partly to do with how the private sector operates?

If businessmen believe that greasing someone’s palm is an acceptable way to get ahead of the competition, and if a company’s culture tolerates or even encourages corrupt practices, why should the employees be the only ones held accountable when the authorities enforce the law?

It is not easy, however, to prove that a company has criminal intent.

This will matter less if there are provisions in the law that deem companies responsible if employees commit certain offences in the course of their work.

This concept of corporate liability for the crimes of employees has been introduced in countries such as the United States, Britain and Australia.

Malaysia has long talked about introducing such provisions.

In July 2013, for example, Minister in the Prime Minister’s Department Datuk Paul Low said the Government wanted to introduce a “corporate liability law”.

The idea is to hold boards of directors and CEOs of companies responsible for bribes given by their employees unless it is proven that there are measures in place within the organisation to prevent corruption.

Since then, Low and senior MACC officers have several times brought up this matter.

It appears that the plan is to either amend the MACC Act or to come up with a fresh piece of legislation.

At one point, Low said the Bill would be tabled by March this year and that the new provisions would come into effect in 2018.

However, the draft legislation has yet to reach Parliament.

The latest update was from MACC deputy chief commissioner (operations) Datuk Azam Baki, who was quoted in a Sin Chew Daily report this week saying that the Cabinet had approved the Bill for the Corporate Liability Act and that it would be tabled in October.

It is understandable if the business community is less than enthusiastic about this.

There is always the fear that an employer will be unfairly blamed for an employee’s lack of integrity.

There is also the well-worn argument that complying with additional rules and regulations will increase costs amid already challenging conditions.

It is likely, however, that the new provisions are applicable only if the companies cannot demonstrate that they have done all they can to prevent the offences, or if they are negligent in addressing the risks of such offences being committed.

We will have to wait and see.

Meanwhile, businesses should examine their practices and procedures.

It is definitely in the best interest of a company to ensure that its employees understand well that corruption is not part of its corporate culture.

For that matter, corruption should not be part of any culture.

– Sunday Star Says

Amend MACC Act to give it more bite

TRANSPARENCY International Malaysia (TI-M) hails the call by the Malaysian Anti-Corruption Commission (MACC) to amend Section 23 of the MACC Act 2009 to give it greater clarity so that corrupt practices and other related offences could be better tackled especially in state-owned enterprises (SOEs).

As stated by MACC deputy commissioner (Operations) Datuk Azam Baki, MACC needs more bite to act against corrupt public officials including ministers, assemblymen and politicians.

TI-M also supports MACC on the recently proposed new law known as “Misconduct for Civil Service Act”, where civil servants who caused substantial financial losses to the Government due to negligent acts or non-compliance with official policies or procedures would face criminal charges under this proposed new Act.

TI-M has been advocating for these amendments to the existing MACC Act for the past several years and hopes to finally see the light at the end of the tunnel.

Section 23 of the MACC Act 2009 prohibits “an officer of a public body” or public officials from abusing their power for any gratification for themselves or for their relatives. TI-M shares Azam’s opinion that many politicians are being appointed into SOEs and public interest entities (PIEs).

In addition, TI-M is also looking forward to the inclusion of the corporate liability provisions into the MACC Act 2009, which will ultimately hold companies accountable for corruption cases involving their employees.

Currently, when an employee is caught for corruption or bribery, he or she will face the consequences and can be charged individually. The company which the respective employee works for is not held liable for its employees’ acts, as in law the company not being a human person is not capable of having criminal intent.

With the introduction of the corporate liability provisions, companies can be held accountable for their employees’ involvement in corruption or bribery if they are found to have failed to take adequate steps to prevent such corrupt acts by their employees.

When this becomes a reality, employers in the private sector would have no choice but to initiate anti-corruption programmes in their companies/organisations to mitigate and eventually eradicate corrupt practices.

TI-M, meanwhile, has been encouraging companies in the private sector to adopt the ISO 37001 Anti Bribery Management System as an initiative to put in place all the preventive controls and systems while simultaneously getting the top management to commit to the elimination of any form of bribery in their organisations.

On the proposed Misconduct for Civil Service Act, any effort or law to address misconduct which results in loss of taxpayers’ money should be lauded.

However, we would like to raise the issue of whether the proposed law should only apply to civil servants. What about instances where orders or instructions come from politicians or persons in elected positions? Should they not also be held liable if proven to be involved?

Any proposed law should fairly apply to everyone involved in the decision-making process, and that includes politicians.

Azam has been reported saying that each year, the AuditorGeneral’s Report reveals a litany of malpractices among government departments and agencies, some of which are outrageous, for which the civil servants responsible should be charged with criminal offences instead of just disciplinary action under the domestic rules applicable to them.

TI-M supports these new measures proposed by the MACC and hopes that the Government will give due consideration and also fully support the same by effecting the necessary changes in the law. This would ensure that we plug the existing loopholes in our anti-corruption laws.

DATUK AKHBAR SATAR President Transparency International Malaysia

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Good time to invest in property now


Better upside: (from left) Knight Frank Sdn Bhd international project marketing (residential) senior manager Dominic Heaton-Watson, Knight Frank Asia-Pacific research head Nicholas Holt, Sarkunan and capital markets executive director James Buckley at the event

KUALA LUMPUR: The slowdown in the local property market has bottomed out, with prices seen picking up later this year, according to property consultancy firm Knight Frank Sdn Bhd.

“We predict a stable rate in 2017 and we will possibly see better upside towards the end of the year or early next year,” Knight Frank managing director Sarkunan Subramaniam said.

“The market has had a few years of contraction and we feel that this year, what will clear up one of the major concerns of most investors is the political uncertainty,” he said at the launch of Knight Frank’s 2017 Wealth Report here yesterday.

According to the report, “political uncertainty” was among the top concerns of its respondents in Asia at 25%.

“We’re going to have elections possibly this year. Once they have cleared, there will be positive movement in the market and that’s why I feel now is a good time to buy property in Malaysia.

“Once the elections are out, the economy will generally start picking up and sentiments will improve. Capital will also start coming in,” he said.

According to the wealth report, potential fall in asset values was the highest concern among its Asian respondents at 30%, followed by rising taxes and tighter controls on capital movement at 28% and 27% respectively.

Going forward, Sarkunan said affordable homes would primarily drive the local property market.

“Affordable homes will still be a driver to an extent, but medium-to-high end properties will also pick up again. Also, when the mass rapid transit (MRT) lines come into the city, it will drive the commercial market there as well.

“We’ve had a lot of decentralisation push over the last 10 years and the MRT will bring office workers to the city.”

Sarkunan pointed out that locations with light rail transit (LRT) and MRT lines, such as Damansara Heights, have bucked the trend in terms of condominium values.

“Prices have actually increased compared with some of the other areas in Malaysia. Transport hubs or transport-orientated developments, such as Kota Damansara, have also seen improvements in prices.”

The Knight Frank 2017 Wealth Report tracks the value of luxury homes in 100 key locations worldwide, including 19 destinations from Asia Pacific.

According to the report, values rose globally by 1.4% on average last year, compared with 1.8% in 2015. Asia was the second best performing world region last year, with prices rising 5.1%.

Australasia was the strongest performing world region with prices rising 11.4% year-on-year.

Source: BY EUGENE MAHALINGAM The Star/ANN

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Protecting house buyers’ interest


I REFER to the reports “Court: No power to grant extension” and “A fair and right judgment, says housing developer” ( The Star, Feb 28 – Developer has to compensate buyers for delays of projects, Court says).

The High Court decision declaring as ultra vires (beyond one’s legal power or authority) the Housing and Local Government Minister’s granting of a one-year extension of time (EOT) to developers to complete a delayed housing project and thus denying house buyers liquidated and ascertained damages (LAD) provided for under the sale and purchase agreement is timely, sound and indeed meritorious. It is hoped that the decision would be maintained should the minister decide to appeal it.

The Housing Development (Control and Licensing) Act 1966 was enacted for the protection of home buyers.

The long title of the Act (paragraph stating Parliament’s intent for the Act) says: “An Act to provide for the control and licensing of the business of housing development in Peninsular Malaysia, the protection of the interest of purchasers…” This makes clear that the housing development business is regulated to ensure that the protection of home buyers’ interest is paramount.

Two eminent judges, the late Tun Mohamed Suffian, former Lord President of Malaysia, and the late Tan Sri Lee Hun Hoe, the longest serving Chief Justice of Borneo, stated this in two landmark cases respectively.

Suffian LP (Sea Housing Corporation v Lee Poh Chee): “To protect home buyers, most of whom are people of modest means, from rich and powerful developers, Parliament found it necessary to regulate the sale of houses and protect buyers by enacting the Act.”

Lee Hun Hoe CJ (Borneo) (Beca (Malaysia) Sdn Bhd v Tan Choong Kuang & Anor): “The duty of observing the law is firmly placed on the housing developers for the protection of house buyers. Hence, any infringement of the law would render the housing developer liable to penalty on conviction.”

Respectfully, it is submitted that the decision to grant the developer of a housing project extension of time and thus deny the home buyers’ statutory rights to LAD ought to be exercised with diffidence. The decision, if any, ought to be made with the Act’s long title in mind, namely, “for the protection of interest of purchasers”.

In doing so, some aspects to consider are:

> In granting EOT, how will home buyers’ interest be protected?

> LAD is agreed monetary payment for home buyers’ losses for delay in completion of a housing project. Is denying home buyers’ the LAD by the EOT tantamount to protecting their interest?

Although Section 11(3) of the Act states that the developer under “special circumstances” may apply to the Controller of Housing for EOT, it is submitted that Parliament and the long title of the Act surely did not intend LAD to be wiped out by “a stroke of a pen”.

To avoid doubt, “special circumstances” would mean act of God or natural disaster, for example earth quake or tsunami, and not business or economic related challenges or hardship.

The above view would make legal sense of Section 11(3).

Again, the High Court decision is lauded.

Home buyers’ interest is of paramount importance under the Housing Development (Control and Licensing) Act 1966. The Controller of Housing’s or Minister’s decision, although seemingly made “by a stroke of a pen”, must materialise or recognise this intent. Failing to do so would be ultra vires the Act.

May the redeeming light of the Housing Development Act (Control and Licensing) 1966 continue to shine effervescently and protect effectively home buyer’s interest for many years to come.

This letter is dedicated to the National Housebuyers Association, its great team of lawyers, professionals and volunteers for their sterling and pro-bono efforts to speak up for and preserve home buyers’ interest.

Source: ROBERT TAN,  Home buyer and author of Buying Property From Developer: What You Need To Know And Do, Petaling Jaya

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Developer has to compensate buyers for delays of projects, Court says


 

 
Take them to task: According to the liquidated damages clause, condo buyers can claim 10 per annum of the purchase price for the delay

KUALA LUMPUR: The Housing Controller has no power to grant an extension of time to developers who delay the completion of housing projects, the High Court has ruled in a landmark judgment.

This means a housing developer has to pay compensation to the affected buyers for delays in the delivery of vacant possession.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah also held that the regulation which empowers the Controller to modify terms of the contract of sale was ultra vires the Housing Development, Control and Licensing Act.

The judge said this in allowing an application for judicial review by 71 buyers of the Sri Istana condominiums in Old Klang Road against the Housing Controller and Urban Well-being, Housing and Local Government Minister.

Their lead counsel Datuk Wong Kok Leong told The Star the judge held that the minister’s decision to grant the developer an extension of time to complete the project via a letter dated Nov 17, 2015 was invalid.

In the letter, the minister had granted the developer a 12-month extension to complete the project.

“This means that the Housing Controller has no power to grant an extension of time to housing developers for any delay in completing their projects,” Wong said.

“Now, the developer has to pay the liquidated damages (a pre-determined sum) for late delivery of vacant possession of those condominium units.”

Wong called the decision a landmark judgment as many project developers seek extensions to complete their projects in Malaysia.

“This is a victory for all house buyers. With this ruling, the housing developer can’t just go to the Housing Controller for an extension of time to complete the project in order to avoid paying the liquidated damages to house buyers.

“This is because if an extension of time is allowed, house buyers lose their rights to claim damages for late delivery of vacant possession,” he added.

Wong explained that according to the liquidated damages clause, the condo buyers can claim 10% per annum of the purchase price for the delay.

In their application for judicial review, the condo buyers stated that they wanted to quash the decision allowing BHL Construction Sdn Bhd an extension of time for the delivery of vacant possession from 36 months to 48 months.

They also asked the court for a declaration that Regulation 11(3) was ultra vires of the Housing Development Act (Control and Licensing) Act.

Wong said the judge has ordered the parties to address the issue of costs on the next date for case management.

When contacted, SFC Mohamad Rizal said the judge also allowed a similar application involving another group of condominium buyers involving the same developer and project.

Source: By  m. mageswari, royce tan, thean lee cheng, eugene mahalingam, The Star

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