Tuesday, October 20, 2015

The single-handed decision made by Petaling Jaya Mayor to reverse its earlier decision on Sungai Way Deepavali Bazaar is procedurally wrong and unfair and could be challenged legally by judicial review

Media statement (2) by DAP ADUN for Kampung Tunku Lau Weng San on 20th October 2015 in Petaling Jaya:

1. On behalf of residents, villagers and businessmen, especially those who stays or works at Jalan SS 9A/13, together with the JKKK Seri Setia, we are extremely upset by this decision. They also felt betrayed by the government of the day. 

2. We are also deeply disappointed and frustrated that the aspirations and wishes of the local people are not respected and upheld, particularly those who had signed a petition to the Mayor on 30th September, not to forget all the recorded and unrecorded complaints lodged by the villagers over the years.

3. The sharp reversal shows that the reasons, evidences, documents, photos, minutes of meetings, facts and figures that we have presented do not worth any consideration at all. We DID NOT stop the bazaar. We merely relocate them. Many people/politicians are still commenting as if we are stopping everything in Sungai Way.

4. We are also deeply disappointed and frustrated that proper procedure has not been followed in reversing the earlier decision of the council. Since this is a decision of the council, therefore the council needs to call for a special meeting and pass a resolution to be later endorsed at the fullboard meeting in order to reverse it. 

5. Unfortunately, these are not done, therefore the decision made is procedurally wrong and unfair and can be challenged in court via judicial review. Even PKR MP for Subang Sivarasa Rasiah has asked the decision to be discussed by the councillors. I believe, if the MB has to make a decision, this is the likely decision or instruction he will make or give. In fact, being part of the government, there is no need for them to send memorandum to their own government. We are becoming a big laughing stock to the world.

6. That a very bad precedence and a very wrong signal has been created. Such hapening should not have happened in a state run by opposition parties whose aspiration is to take over the leadership at the Federal level. In fact, this is bad governance. It will be very difficult for any public officers to run the council because a decision made (based on reasons, evidences, documents, photos, minutes of meetings, facts and figures) can be easily reversed.

7. With this sharp reversal, does this mean the council can make a decision in your favour:
a. so long so you can win a shouting match even though you are shouting in front of a Hindu temple?
b. so long so you can get enough people (even if you have to ferry them via buses from elsewhere) to harass the poor Indian hawkers at Jalan SS 9A/12, completely ignoring the wishes of the locals?
c. so long so you can arm-twist the councillors and subsequently public officers to reverse any decisions to your favour?
d. so long so you can get other ADUNs and MPs outside a particular constituency who may have immediate access to the state authority to interfere?

8. If this is the message we are signalling to the general public, then how are we going to ask taxpayers to follow the law? How are we going to invite foreign investor and convince the business sector that we mean business each time we made a decision? Where is the spirit of rule of law?

9. I am shocked and surprised that the memorandum was also signed by three PAS councillors. PAS being a party not involved at all in this incident, there was no courtesy to even inform me the reason they wanted to sign the memorandum. After reading the memorandum, I have called and sent text messages to Azri Mohamed Arish, a PAS councillor who had attended a meeting in 2014 on this matter and had at that point of time proposed the relocation. My calls was not answered and my message was not replied. This is not professional. This is a blatant betrayal. I am still waiting and hoping for his reply.

10. I would like to distance myself from this decision. I thank my constituents for showing their concern or supports. I thank outsiders who were not carried away by emotion and cared to check out the truth themselves. 

11. I thank all those Indian hawkers who have already started business in Jalan SS 9A/12, I promise you all that I will do my very best to help the business there. I believe we are on the right side. Deepavali is a celebration of victory against falsehoods. 

12. Deepavali Vathukal. Nantri Vanakkam.

Lau Weng San
ADUN Kampung Tunku

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