Hill slope policy and The Sun’s mischievous heading

I was quite cheesed off yesterday when I read the front page report with the heading of “Hillslope Policy To Be Reversed?” piece published in The Sun dated 14th August 2008.

The news report said that the developers association (Rehda) has lobbied Ronnie Liu and I to reverse the no-hillslope-development policy in Selangor, and the writers said both of us have coaxed the Menteri Besar of Selangor to meet with Rehda  people, as the MB was not in favour of meeting with the group. 

My God, I did not expect the two journalists whom I have respected very much, namely Nadeswaran and Terence Fernandez can write such a presumptious article based on hearsay, and they can be so adamant in believing their hearsay from others and refused to give me justice.

When Terence interviewed me on this subject, I told him that the state excos have had a series of meetings with many groups, from NGOs to foreign business delegation to business groups in the past few months. When the Rehda past president met me in a seminar he said his association has been trying to meet with MB ever since be came to power but they did not manage to get the appointment. I then asked MB during exco meeting and he said he was willing to see him, then exco Iskandar issued invitation letter to Rehda and I invited those disgruntled developers who have complained to me on various issues to attend the dialogue held on 25th July.

That was a very good meeting. The Rehda Selangor President Dato FD Iskandar gave a power point presentation on various issues faced by developers in Selangor, included hill slope development. The dialogue has also allowed developers to present various other issues that faced by them.  

When Terence interviewed me, I told him that the developers are not our enemy and we need them to develop the state, that’s why we as government need to listen to their views too.

I got a shock when I saw that the editor of The Sun put “Hillslope Policy to be reversed” and “Developers are not our enemy” in both page1 and page 3.  What is the editor trying to imply? The editor/writer purposely put such bias heading to whack me for being “developers’ friend”, thus I wanted to “coax” MB to reverse the hill slope development policy.

I sent text message to both Nadeswaran and Terence Fernandez to protest their unfair comment. I told them that I did not expect helping to arrange a dialogue between Rehda and MB & excos can make them think that I am “developers’ friend”, and I said I am feeling sad. I told them that the MB and excos have been meeting business people many times in the past months, what’s wrong of meeting with Rehda? My portfolio in the state government is “investment, industrialisation and trade”, I have been assigned to deal with business people and try to help up in their problems. This is my job!

Today, I saw the second piece written by Nadeswaran on the same issue, his topic today is “Business as usual on the hills”.   Again he mentioned in his article that “Teresa Kok had convinced the menteri besar to have a meeting with a view to re-look the policy”. I then know that Nadeswaran has been convinced that I have been “bought over” by Rehda.

I received a few sms yesterday, some questioned me on whether I have been “bought over”, and a few friends of mine, including a lawyer and a municipal councillor who had attended the dialogue expressed their disgusted feelings on article written by Nadeswaran and Terence Fernandez. They said they did not expect the respectful writers could distort things in this manner. In fact they were very impressed by the openness of the Menteri Besar and excos who were willing to take time to listen to the group. They said the former Menteri Besar never bothered to do so. The conclusion of the dialogue with Rehda was to have a dialogue between NGOs and Rehda to thrash out their differences, so that both parties can understand each other better.

I know I could never fight against the media and journalists, especially journalists who have columns of their own. Besides, I also have no time to write long articles and to argue issues in media.  When I met with media in a prevention against breast cancer campaign function yesterday, one of them asked me whether I wanted to comment on the article, I said I was upset with them but I have nothing else to say.

Yes, I am feeling sad and hurt, because I have done nothing wrong in the whole issue. I have said whatever I need to say, and I know that Nadeswaran purposely wrote in such a way to force the state government not to succumb to developers’ requests to develop the hill. But I also wonder, does he need to do in such a manner by distorting the facts in order to put his views across?  Is that the practice of ethical journalism?   

Hillslope policy to be reversed?
by R. Nadeswaran and Terence Fernandez
PETALING JAYA: Is the Selangor government about to reverse its policy to ban hillside development? Just four months after stating that development won’t be allowed on hill slopes, there are fears that the state government will rescind its decision following pressure from housing developers.

Mentri Besar Tan Sri Abdul Khalid Ibrahim is expected to meet Real Estate and Housing Developers Association (Rehda) at the insistence of executive councillor (exco) for investment, industry and commerce Teresa Kok Suh Sim.

Upon assuming power after the March 8 general election, the Pakatan Rakyat (PR) state government banned all development above 26° gradient – consistent with the national guidelines on development. However, it is learnt that lobbying by Rehda through Kok and Local Government executive councillor Ronnie Liu Tian Khiew prompted the state government towards a re-think.

If the policy is reversed, one will see a return to the bad old days when hillslopes are cut and the mushrooming of hillside bungalows and apartments, similar to what is going on in Bukit Gasing, a catchment area and a once-protected forest reserve. The change in policy is also likely to cause outcries from residents in Ampang and NGOs who had initially supported the state’s decision.

Abdul Khalid is not in favour of meeting the developers but sources say he was coaxed into it by Kok and Liu.

However, the consolation is that housing developers will be kept out of One-Stop-Centres (OSC) of local councils. Abdul Khalid and the executive council have overruled Liu’s directive to councils last month that Rehda representatives be appointed ex-officio members.

Liu’s directive – issued using his office letterhead – may be illegal as the law allows only the state government, and not individual exco members, to make a general policy decision.

Abdul Khalid had also ticked off Liu, warning him not to issue anymore instructions without consulting the executive council.

Apparently several council heads objected to this directive as it would be a clear conflict of interest since the OSC is meant to fast-track the issuance of certificates of fitness and planning approvals.

Said a councillor: “How could developers sit in at such meetings when their interests are being discussed? With ex-officio status, they will have access to all our reports and input. The whole idea of having independent people is to prevent any lobbying or looking after vested interests.”

“This is the last thing the new Pakatan Rakyat government needs as it tries to fulfil its election promises of a transparent and consultative government,” said a source.

Kok, meanwhile, says the meeting with the developers was merely to listen to both sides of the story.

“We have listened to the residents and the NGOs, it is only fair that we hear the developers,” she said, adding that Rehda asked for the meeting to resolve several issues, including the predicament facing developers due to the ban on hillslope development.

“They are stuck since they can’t develop their land.

“You can’t say they are wrong (in wanting to develop their land),” said Kok, adding that the developers reasoned that hillslope development is allowed in China, Taiwan and other developed countries.

“They want to know why it is different in Malaysia. In Malaysia, the flaws in hillslope development are caused by poor engineering design and sub-standard quality of work,” she said, adding that one could not view developers as the enemy as they were needed to develop the state.

However, Kok said there was no sign of Abdul Khalid going back on his word. “Khalid is a good listener, he talks to everyone. We shall see if we can come to a compromise,” she said.

Liu was attending a meeting yesterday and was unavailable for comments, but Kok while saying she opposed the inclusion of Rehda members on the OSC said they will have to declare their interests to ensure transparency.

“It is unfair to lable me as a mouthpiece for the developers. They are queueing up outside my office to see me, but I always treat them the same way I treat anyone who would wantto see me, with respect and a fair chance to give their views.”
Updated: 03:58PM Thu, 14 Aug 2008

—————————-

 Business as usual on the hills
ON DEC 11, 1993, a block of a high-rise apartments in Highland Towers crashed. And with it 48 lives perished. Over the past few years, landslides have cost more lives. Immediately after the Highland Towers tragedy, then prime minister Datuk Seri Dr Mahathir Mohamad decreed that no hillslopes should be cut.

“There is so much land and why do they have to cut the hills,” he thundered in one press conference. Much later, his then deputy, Datuk Seri Abdullah Ahmad Badawi decreed that state governments should gazette all open spaces so they do not become targets of greedy developers (read: politicians and their cronies). Both directives were defied. The hill-cutting went on relentlessly and so was the land-grabbing aided and abetted by politicians in high places who were willing to sell their souls not for a few pieces of silver, but for gold bars or hard cash deposited in overseas accounts.

Vehement protests by affected residents and some NGOs prevented a large scale raping and plundering of Mother Nature. But not all their efforts paid dividends. In some instances, greed preceded over common sense and unscrupulous developers who had “wagered” on their “favourite horse”, collected huge payouts by cutting hills and building concrete blocks on them.

So, when the Selangor government, three weeks after its formation, announced that it would cease to approve hillside development with immediate effect, it was like lifting the sword of Damocles which had been hanging over the heads of environmentalists and other like-minded people.

“We believe our hills should be preserved as they are important water catchment areas,” Mentri Besar Tan Sri Abdul Khalid Ibrahim said. And he made some concessions too. About 140 projects which had been approved by the previous administration could continue.

A month later, the state adopted the national guidelines on hillslope development – approval will only be given for gradients below 26°. So, in between a lot of lobbying had been going on. But Abdul Khalid held steadfastly to his stand. Over the past few weeks, news emerged that certain groups had lobbied to be in the One-Stop-Centres (OSC) of local councils.

The exco member for local governments, Ronnie Liu Tian Khiew, shot off a directive to all local councils – appoint five ex-officio members to the OSC one of whom must be a representative of the Real Estate and Housing Developers Association (Rehda). Implementation of this directive would be plain sailing because councils are packed with politicians and party supporters, who like their predecessors, were supposed to lift their hands and say “setuju” in unison. But not this time. One or two councillors spoke their minds on the dangers of including people with vested interests. Several council presidents also objected and word got back to Abdul Khalid, who rescinded the decision after an exco meeting and ticked off Liu.

Thus, when everyone had thought that the issue had died down, news filtered from the developers’ circles that Rehda has been given an opportunity to talk the state into changing its decision on hillside development. According to industry sources, exco member for commerce and investments, Teresa Kok “had convinced the mentri besar to have a meeting with a view to re-look the policy”.

Hillslope development is allowed in Taiwan and China, Rehda members reasoned, and wanted to know why it is not allowed in Malaysia.

Someone down the line forgot the principle of the “rule of the land”. In the Taiwan Parliament, members can beat each other up and get away with it, and get re-elected, but not in Malaysia.

In China, the state can shoot protesters and cart them away – no questions asked. Having said that, the terrain, rainfall and other extenuating factors differ from country to country. But the bottom line is: a policy decision has been made and it remains so.

No, developers are not the enemies of anyone. Like every business venture, they are entitled to make profits, albeit in accordance with the law. But when attempts are made to do things which are not in sync with the environment, it makes Joe Public stand up and say: I will not accept this.

Developers have every right to develop land, but to quote Dr Mahathir: “why cut the hills when there is so much land?”

Kok argues that they are stuck with land, but why buy hillslope land when there are restrictions on development?

The public will find it revolting that those who promised “to look after the interests of the people” are the same ones who are now looking after the interests of the businesses. After just five months, the tune and tempo are changing.

No, the present administration is in no measure worse than its predecessor because the latter had the system in the pits. The only way is to go upwards. But wavering on important issues like the environment is definitely a No-Go. But when people soldier on with disregard for public opinion, it becomes a ready-made recipe for a disaster in the making.

Kok says that the state has listened to the people and NGOs and it must hear the side of the developers. No one will bitch about that except that if such a meeting is to institute a reversal of a public policy, it will be viewed negatively.

Abdul Khalid has had his fair share of controversies and he does not need another. In his five months in power, he has made some important decisions that have benefited the people. He must stand firm and not give in to pressure from any party, including his own colleagues. That would be short-selling the people who elected his government into office. And should he initiate a policy change and the environment is subsequently destroyed, he cannot claim “Semuanya OK!” because his predecessor has copyrighted that phrase.

R. Nadeswaran notes with a tinge of sadness that big businesses have infiltrated the hallowed offices of the Selangor government. He can be reached at [email protected]
Updated: 10:26AM Fri, 15 Aug 2008