Thursday, July 02, 2009

Hindraf, Yusmadi, High Chapparal & Greed

Hindraf has demanded that the new Penang government step in to resolve the ongoing crisis in Kampung Buah Pala. Hindraf leader P Waythamoorthy sharpened his attacks by accusing Chief Minister Lim Guan Eng of being a party to the allegedly fraudulent transaction of Kampung Buah Pala village land in Bukit Gelugor.

Another PKR lawmaker lambasted the CM for not upholding human rights and social justice in handling the 'High Chaparral' Kampung Buah Pala crisis. Balik Pulau parliamentarian Yusmadi Yusoff said Chief Minister Lim Guan Eng should know that any development forsaking human development and values is in breach of universal laws and principles.

Lim has explained that the economic cost of buying over the land can be astronomically high. The cost does not only involve the land value but a potential compensation which has to be paid to the developer for a lost of revenue. In return, the developer will have to pay compensation to buyers for its failure to complete the project.

This controversy is an unfortunate and a costly 'inheritance' from the previous government. This is the burden of power. It appears easy for both Yusmadi and Waythamoorthy to launch a tirade of attacks and criticism against the present government.

However, a deeper look at the crisis appears to invite more questions than just a simple solution suggested by Waythamoorthy. Some of the questions are quite obvious.

First, can both Yusmadi and Waythamoorthy assure us legally that the court's decision can be overturned and the ultimate cost to allow the residents to stay put at the village will not drain the state finance?

How much is the actual cost of take over despite the use of Land Acquisition Act? Can Waythamoorthy confirm that the figures quoted by several sources in the state administration are not accurate. I have personally heard several approximates ranging from RM100 million to as much as RM300 million.

Next, should the present government be burdened with the legal cost if they were to adopt Hindraf's recommendation to acquire the land and stop the project. Does the land acquisition act protect the state government from any litigation?

In the event the state were sued by the developer, how confident are both Waythamoorthy and Yusmadi that the state will prevail and the public will not have to bear the burden of another huge compensation to be paid to the developer?

Can Hindraf accept a facilitation between the developer and the families to work out a viable and fair compensation? I would like to remind Waythamoorthy that a case like this may open up a possibility for greed to flourish too. Some may want to use the ongoing political spat between Hindraf and the state government to obtain the highest mileage possible.

Is it fair for the public to pay up for the folly and greed of the past administration by selling this piece of land to the cooperative and eventually a politically linked company?

I have said it in my previous post that the state government should exercise its power to protect the poor and helpless. I would like to reiterate that a legal and political action must be taken against the culprits. The current state government must get down to the bottom of this issue.

The chief culprit has kept very quiet about the issue. His new political secretary was quick to ask for an instant remedy to the dispute in the appointment of MPSP president. He should be consistent enough to ask for a quick reaction from his boss and party.

However, I would like to urge Waythamoorthy and Yusmadi to weigh in other options too. Hurling criticism alone is easy especially when the compensation does not come from the pockets of both Yusmadi and Waythamoorthy.

Are Hindraf and Yusmadi prepared to form a joint legal team to sue both Koh Tsu Koon and the BN for raping humanity and the universal law of justice?

This issue is not as easy as both Waythamoorthy and Yusmadi would like us to believe, sadly. I may not vote for my PR representatives but I will definitely not vote for a BN candidate either.

Policy makers and politicians should challenge themselves to think deeper to come out with a workable solution to solve their own mess. Not throwing tantrums and make the public pay through their noses.

32 comments:

megat jittendran said...

Mr Khoo, a good write up. But u missed some points.
Its already 15 months since LGE came to power.
He cannot go on blaming the previous BN administration.
If he can inherit previous government's assets he should equally take the burden of previous liabilities, including the Kg Buah Pala land scam.
Until Hindraf stepped into the fray, LGE was sleeping on the subject merely because it was an Indian issue for DAP "does not carry much political weight."
He gave a statement for the first time in 15 months on Kg Buah Pala only after Hindraf came in.
What he was doing all this while?
He never visited the village, why?
He never bothered to initiate a thorough probe on the land scam until only recently, why?
Come on don't talk about dollar and cents.
If LGE can request the developer to pay back the discounted land premium on the village sales, he knows a way to nullify the contract.
The fact is the land was transferred to the cooperative after Lim came to power.
He could have cancelled it there if he really wanted to help the people.
Did he?
The state government has absolute control over land matters and land acquisition matters.
Pls check with more learned lawyers and land experts.
Don't blindly back DAP government.

Megat Jittendran

telur dua said...

Why don't Yusmadi and Waythamoorthy ask Semi Value for help? I'm sure for Semi to solve this problem is just a piece of cake.

Go on, give Semi a call. Afterall, Semi and MIC have 50 years of experience trying to uplift the Malaysian Indians. They will still be trying for the next 50 years.

Anonymous said...

Khoo, your arguments are all valid.
But the problems are to the people who feel betrayed because there are ADUNs who promised that they will be safe and nothing happens to their place if they voted DAP in the last election.

Now they have won, everyone starts talking like BN. So thats what makes people angry. why promise if cannot deliver, or is it cheap talk for elections only?

Anonymous said...

These residents should have moved out. They have stayed on the land for generation for FREE. It is owner's right to take back the land and to sell it at whatever price even with the price of below market value. They should have just take the compensation and move out.

If they are given their way, ALL the squaters will start asking for money which they have to right to ask for in the 1st place.

khensthoth said...

A simple online search showed that the Gross Development Value (GDV) of the project is RM150 million. I have no reason to doubt that any effort to buy back the land would be impractical as it will include compensation for lost of revenue. Most certainly, the total cost of "saving" the village is upwards of that figure.

Anonymous said...

True enough, the chief culprit and cohorts are opportunists when they try to lay their hands clean by cleaning on a golden bowl. The chief in particular has since suffered from selective memory loss syndrome. Hindraf & Yusmadi are truly short sighted about this, not being able to see or prefer not to see the whole picture. Then there's the media, would try to give longer air time of the issue, making it big time.

Anonymous said...

your opinion make sense and this shoud be the practical step to adopt in solving this problem. Blaming LGE does not make sense as he is not the party causing this problem

Anonymous said...

It is indeed sad that there are people who claim to be fighting for the rights of people and not understand the real situation of the problem. Mature sensible politicians who claim to fight for the right of the people should sit down and offer solutions and alternatives....a way out of the mess created by other people...

Anonymous said...

You see...the problem is that people like waythamoorthy is nothing more than a loudmouth or a "big speaker". HE ran away like a rat to UK, while the rest of the hindraf arsenal stayed back to fight. Hindraf should realise that this idiot of a leader isn't a leader at all...but just another LOUD speaker.

The problem with the indians is this...its not them...its the leaders who once tasted power, begin to think that what they say and do will be the final deciding factor, all else (eg. voices of the party, the people, the state , the coalition) is drowned in his drunkard fame attitude.
Take a good look at "from KERALA EX-PM", he takes a swipe at little red dot emperor with nothing more than just jealous tantrums. I would like to remind KERALA EX PM, you need to really look at little red dot kingdom and learn from them, cause they HAVE been running a tight ship. now you have bigger land mass, and what have you to show for? Corruption, Judiciary raped, police force in a brink of being gangsters 24/7, 90% of your party members are corrupt to the core. And you mastered the Caste system from india and brought it down to m'sia and repackage it into a policy. Well done ...Well done.

Bangsa Cina Malaysia said...

DAP PLEASE GROW UP.

HAVE YOU GUYS FORGOTTEN JE VIRUS AT BKT PELANDOK.

WE THE CHINESE ARE THE DIRTIEST CREATURE AROUND.

TAKE A LOOK AT SEREMBAN MARKET AND OTHER PLACES OPERATED BY THE CHINESE. IT IS A REAL DISGUST. AMAT MEMALUKAN AND BEYOND CURE.

FOR ONCE I AGREED WITH PAS ON THIS ISSUE.

Anonymous said...

Cannot that these individuals are ignorant of the difficulties, the costs and implications.
The dispute had dragged over many years and through the court even before the election without the heat generated just now.
You just wonder why the vicious attacks now? The PKR man probably because of anger over the sacking of his colleague in SP, But Waya? Hoping to get into BN's good books?

giam2020 said...

I think LGE should seriously consider
evoking the land acquisition act and
let the court consider the merit and
demerit of the compensation quantum
and at the same time let all the washing of dirty linen in open court
so that the public will know what really happen.Afterall, cases like can drag on for ages and those cronies will not get to savour the
profit so easily.

Anonymous said...

Ai yah, they're only opportunists la. It's easy to critisize and point finger, but how many rational heads are realy among us to take the lead and do the right thing objectively? It's hard work, so easier to just point finger to others.

laniaz_ said...

AT last, an explanation on this absurd attack on LGE. Why not work together and stop biting each other's throat? MAybe you should send your article to Waytha and Yusmadi.

Anonymous said...

tHE illegal SQUATTERS felt offer of compensation of Rm200,000= is too little ?

It is basic greed here ?

They do not have a Title registered with the old codified British Torren Land System ?

Anonymous said...

Is it true the villagers are asking for compensation to per villager instead of per household, is it true that the previous had offered the villagers free low cost houses plus compensation. Is it true that the villagers who had collected the compensation ask other family members not staying previously to move into the kampung? Khoo,Yusmadi and Wathyamurthy please check whether this is true, if true then ask the villagers to take what is offered and get out.

Khoo Kay Peng said...

anon 1.02pm,

compensation was offered even before the last general election. the state government has offered low cost housing too. on the element of greed, this is what i feared most

Anonymous said...

In the case of the Penang Race Course land scam, the new government acted very fast to stop the project. Questions of how much it will cost the Government if litigation was started did not arise.

But in the case of Buah Pala, they say we must weigh all the costs.

Sounds totally idiotic to me.

Anonymous said...

The Hindraf leaders are all hypocrite and like any other politicians, politicised everything at the slightest of opputunity, just to gain some cheap publicity.
Khoo, I agreed with you 100%, if we can't turn back the clock and reverse what has been transacted, then please.... look forward and find an amicable solution, I sympathised with the villagers, if Hindraf is seriously helping them, then please negotiate with the developer for a satisfactory compensation, it all to do with $$$$$!

Khoo Kay Peng said...

anon 2.20pm,

PGCC and Kampung Buah Pala are different. PGCC did not get a development approval yet. Abad Naluri did not execute the land purchase agreement with PDC for the 1000 acres of land in Batu Kawan. PDC merely agreed to sell the land to Abad for a specific sum. The new government did not stop the project, the voters did.

In Kampung Buah Pala, everything legal has been done. Done deal.

Abad lost its deposit to the Penang Race Course. It was forfeited.

megat jittendran said...

Based on comments here, I can safely say that some of you all really don't know what are the real issues behind the High Chaparral crisis.
Some of you think that being bloggers, you have all the right to talk anything without substance.
Please go down to the village to check out the truth, before sitting before your computer writing your opinions.
Court ruling is mere an avenue to resolve the predicament, not the ultimate solution.
Political solution is needed here.
Only after Hindraf came to the fray, did LGE gave his first ever press statement over the crisis, albeit in 15 months.
What a caring chief minister!
Now he is giving press statements daily to resolve the issue.
He cannot resolve a crisis through media statements.
He is listening to wrong advice from wrong advisers.
LGE should take off ass of his seat in his Komtar palace to come to listen to the villagers.
He is yet to do so.

Megat Jittendran

Anonymous said...

PGCC and Kg Buah Pala are different:

In all honesty, were the two cases handled by the new Government with the same spirit?

Anonymous said...

what the state government should do is make it clear to the developer that the condo project will be economically unviable.

since the power is with the government it can pose enough demands and hurdles to ensure the project doesn't take off or will cost too much to see through to completion.

and to all those who label the people of kampung buah pala as squatters and freeloaders i ask: have you no sympathy for the poor and ignorant?

even if the kg buah pala residents had applied for land titles i doubt the succession of chinese governments would have approved them.

the chinese are the most vile and avaricious race on the face of this earth.

bennyloh said...

Only after Hindraf came to the fray, did LGE gave his first ever press statement over the crisis, albeit in 15 months.
So DAP now is trying to compete with HINDRAF, if only HINDRAF could have acted much earlier and not take 15 months too!

Anonymous said...

KJ,
That 'maggot cit n run' should invite 'semi value' to visit the village. He will definitely love to come.

int said...

"If LGE can request the developer to pay back the discounted land premium on the village sales, he knows a way to nullify the contract."

Nullify the contract? May as well nullify the Penang economy then. Come on, think about the bigger picture, would anyone want to invest in Penang if they see that the government acts like such a cowboy?

Not to say the DAP/CAT government is perfect - e.g. they have made extremely poor progress towards restoring the 3rd vote, which has been a core DAP promise for a long time. But on this particular issue, it's not fair to expect DAP/LGE to pull out a miracle.

And I'm very disappointed with Yusmadi. He is supposed to be one of the "better educated" PKR fellas, and a lawyer to boot, so surely he understands the complexity of this issue. But he also cannot resist the temptation of some cheap popularity like this.

Anonymous said...

If court ruling cannot be honoured, than we can expert choas in the society. These residents just sheer GREEDY. They are using hindraf to ask for more compensation by turning this into a racial issue.

If the Penang gov is going to spend hundreds of million just to save this land, than this is a stupid thing to do and setting a bad example for all other illegal squatters to follow.

Hindraf again is proven to be an extremist party and willing to use threat and violence, they should be put back to Kamunting camp.

Anonymous said...

Mr. Khoo, you are one idiot who likes to write about things that you hardly knows about lah.. Typical of a prostitute lah you bas@%*&.

You only produce comments that suit you lor..

My you block my earlier comments? I thought you are a person who promotes free speech.. Typical lah you DAP people..

Anonymous said...

Agree with Kay Peng's view on greed.
In any dispute, all parties and stakeholders must agree to take a step backward in order to get things resolve. If everyone insists on their terms, nothing will get resolved. No point looking back, take a step back an decide how to move forward.

Anonymous said...

The previous CM, KTK, owes Penangites an explaination on all this but he seems to be suffering from a long term throat condition which probably explains why he has been keeping mum so far.

kopitiam Apek said...

You can't blame P Waythamoorthy because he had seen it done in Indian hero movie.

If you ask P Waythamoorthy to do a MJ moon walk, he will walk on the moon for you. That is the power of P Waythamoorthy. He was born yesterday.

Anonymous said...

I believe Waytha will soon be able to get back his passport and return to Malaysia in peace.
I am very skeptical about his motive on this round of attack on DAP, Penang and LGE. The timing is perfect. His friends were just released from ISA detention. And he wants to comeback but without a passport.. how?
That's politician for you, dance and sing and lie to suit their own needs.