Tuesday, August 4, 2009

Kg Buah Pala...pawn in a political game


Kg Buah Pala demolition pushed to tomorrow - Malaysiakini

The two major protaganists in the Kampung Buah Pala issue adopted contradictory stands today with the developer saying it was in no rush to destroy the houses there while the landowner declaring it would be done tomorrow.

According to the Chinese language daily Guangming the developer, Nusmetro Ventures said that it could wait before destroying the 23 houses in the village.

But Bernama reported that the landowner, the Penang Government Officers Cooperative, had decided to postpone the plan to tomorrow to give the villagers more time to evacuate.

Cooperative chairperson Abdul Razak Mansor added that the decision was taken on compassionate grounds, to allow the residents some time to move out and transfer their belongings.

Moreover, he reiterated that the cooperative which met yesterday, will not share the 2.6ha plot with the villagers, as suggested by Chief Minster Lim Guan Eng.

"Why must we share the land with the villagers when the land is ours and the court has also ruled in our favour," he asked.

"The state has never discussed this issue with us before, and now all of sudden Lim suggested that we share the plot.

"They are merely their political promises, so why should the cooperative abide by them?" asked Abdul Razak.

Luxury condominium project


The villagers face eviction to pave the way for luxury condominium project, called the Oasis, to be built by Nusmetro Venture.

Nusmetro had earlier agreed to put off the demolition for a month after winning a court order, although the delay has now lapsed, there is appears to be no resolution in sight to the dispute.

Yesterday, the cooperative had remained adamant that the houses would be demolished today.

Abdul Razak said Nusmetro had been instructed to obey the Federal Court decision, which has granted ownership of the land.

"We are not cruel, but our decision to demolish the village still stands because the court has decided the land is ours," he had said.

Meanwhile, Lim warned the cooperative to not jump the gun by demolishing the houses until a amicable solution is reached by both parties.

"If the cooperative is adamant on tearing down the houses, the state government has no choice but revoke the development order," Lim told reporters this morning.

300 gather to protest against demolition
Meanwhile with the deadline to vacate the land expiring yesterday around 300 people gathered at the village at around 10am today to protest the move .

Among them were members of the banned-Hindu Rights Action Force (Hindraf), MIC, Parti Sosialis Malaysia (PSM) and non-governmental organisation Jerit.

However, despite waiting for almost two hours, there was no sign of the developers but there is no guarantee that the demolition will not take place although the Penang government had held back the revocation of development order last week.

According to journalists on the ground at that time there were no bulldozers, police or local council officers at the site.

The protesters left the village at 11.45am and proceeded to Komtar to submit a memorandum to Lim.

The residents accompanied by the NGOs and political groups then proceeded to Komtar to meet with Lim to submit another memorandum pleading the state government acquire the land.

The document was handed to Lim's political secretary Ng Wei Aik, as the former was not present.

Villagers want gov't to buy back land

In the memorandum signed by the villagers, they had stated that the Penang Government Officers Cooperative, the sole owner of the Kampung Buah Pala land, cannot transfer the land for development purposes.

It further stated that the DAP state government can buy back the land by paying the premium of RM3.2 million.

The villagers and civil societies have argued that the site is a 200-year-old Indian traditional village, which is also popularly known 'High Chaparral' due to its population of cowherds, cattle, goats, other live stocks, and lively Tamil cultural features and festivities.

The villagers had appealed to the Unesco's Paris Desk to recognise the village as a heritage site.

On July 31, they received a written assurance from the World Heritage Centre's Asia Pacific Unit chief Giovanni Boccardi, that the centre would study the appeal and consult with relevant Malaysian authorities and Icomos, an advisory body to the centre.

Uncertainty grips Kg Buah Pala (updates) - Anil Netto

High Chaparral 019

Tears well up in the eyes of Sugumaran, the residents committee chairperson – Photo by Anil

2118: “I can really see sincere tears rolling down the faces of some of the villagers,” says a Penangite. “The fear of losing their shelter; kids can’t prepare for exams. This is life. Imagine if we are in their shoes.”

2053: Talks are still ongoing between the Penang state government and the developer. The state government finds itself in an unenviable position, hemmed in by residents’ demos, the developer apparently willing to negotiate but the Cooperative playing hardball, Umno(?), and what it believes to be political opportunists making use of the villagers. Much is at stake, for all sides.

2031: The villagers held a candlelight vigil and have now ended their gathering. Guan Eng was not in.

What will happen to Kampung Buah Pala?

By Lilian Chan

A lot of questions were being asked and many are still asking the same questions until today. So, I take the liberty of downloading the exclusive interview Maran Perianen of Malaysiakini had with Chief Minister Lim Guan Eng on July 15, 2009 and uploaded it to my Facebook.


(if the video doesn’t show up, it means Facebook site is down)

Tomorrow (Monday) will be the D-day. Will the landowner Koperasi and the developer Nusmetro send bulldozers to demolish the houses there? Will the supporters of Kampung Buah Pala lie in the path of the bulldozers? Will there be tear gas and water canon courtesy of FRU? Will Special Branch nabbed all those who made mischief?

My fellow citizen journalist from Ipoh who is a Hindraf supporter talked to me over the phone just now. He joked with me to make sure I video him if he has to sleep on the road to prevent the demolition. We are going to be there. I will be there because I don’t want anything bad to happen to those adorable Indian old ladies who were so sweet to me. To me, SOME of the people living there deserves our moral support. Like Uncle I-Pasu (not sure if that’s how his name is spelt) who walked with a limp. He is a newspaper delivery man. He said, “Saya sudah tua, kalau kasi saya satu rumah, pun cukup lah….” Now, the Penang State Government has tried to negotiate for a house, a corner of the land and a community hall for the villagers. Will they get that? Will they have time to move their things and stay elsewhere when demolition begins at a time when things are less chaotic?

I have attended many press conferences by CM Lim and Prof. Ramasamy. I have faith that they are nice people and will not allow any harm to come to the villagers there.

I don’t know. But I have prayed hard for a happy ending. I pray for the CM and his Excos/ADuns to have wisdom to solve this sticky situation. And this morning, during Sunday mass, our priest Father Fabian also prayed with all of us that the issue in Kampung Buah Pala will be settled.

(P/S : There is a lot of static sound in the video because of the external mike used for the CM. Nothing can be done, sorry.)

CJ Chan Lilian packing her gears :
Salt – check
Wet towel – check
Running shoes – check
Camera + memory card + battery + charger – check
Helmet
Gas mask

Citizen Journalist gear

Muahahahar…you think I play play wan meh? I really got industrial gas mask one….And salt in tiny sachets, ‘borrowed’ from McD. I’m lovin’ it!

Villagers set aside troubles for a day of fun

GEORGE TOWN: Anyone who was at Kampung Lorong Buah Pala yesterday would not have guessed that the villagers were facing an eviction order today, if he or she had not been following news.

A competitor trying to grab the bull by its horns during the Indian cultural and heritage festival at Kampung Lorong Buah Pala yesterday. — NST picture by GS Narinder Singh
A competitor trying to grab the bull by its horns during the Indian cultural and heritage festival at Kampung Lorong Buah Pala yesterday. — NST picture by GS Narinder Singh

The villagers were in a festive mood and welcomed about 500 supporters and visitors to the village in Bukit Gelugor for what may be their final cultural event there.

Even the weather was kind -- sunny all day. The events started about 11.30am with a Hindu priest blessing the various venues for the day's activities, which included bullfighting, pole-climbing and a pot-breaking challenge .

The village was full of cheer and laughter as blindfolded women tried to break clay pots filled with water.

The bullfight was a crowd-pleaser as the men tried to grab a large bull by its horns to remove a cloth containing RM100 tied around it.


When the irritated bull proved too much, a smaller one was brought out.

But it, too, refused to play along, escaping from the pen and returning to its shed, much to the amusement of the crowd.

Another highlight was the pole-climbing competition that offered a RM1,000 prize, sealed in an envelope taped to the top of a grease-covered 10m-high pole.

There was also a display of Indian folk dance.

The village's residents' association chairman M. Sugumaran said the carnival was organised to coincide with the start of a religious month for Hindus.

"This is a chance to highlight various Indian traditions and culture."

The association also took the opportunity to inform the public about the negotiations between the state government and developer Nusmetro Ventures (P) Sdn Bhd.

"We do not know the deadline. We can only leave it to the state and the developer now," he said.

At a meeting with Chief Minister Lim Guan Eng on Saturday, the residents had agreed, in principle, to relocate to an allocated area on the land pending details from the developer.

Sugumaran added Lim had promised them that they could live in the village although details remained sketchy.

Thousands of Kampung Lorong Buah Pala supporters also plan to turn up at the village today to safeguard the residents' homes.

The association's assistant secretary C. Tharmaraj said the residents were ready to be evicted but believed something positive would happen.

"I believe the developer will come any time now.

"But if the chief minister saves and preserves this village, like we are begging him to, he is the hero."

Tharmaraj disclosed that the cultural festival cost the residents RM10,000, which was raised through donations.

Kg Buah Pala demolition postponed to tomorrow

PENANG, 3 Aug 2009: Demolition of houses in Kampung Buah Pala, Bukit Gelugor, which was supposed to take place today, has been postponed to tomorrow.

Landowner Koperasi Pegawai Kerajaan Negeri Pulau Pinang (KPKPP) has given residents a one-day reprieve to allow them to remove their belongings.

However, Kampung Buah Pala residents association assistant secretary CTharmaraj said the residents would not budge from the village.

"We will continue to be here. We want Chief Minister Lim Guan Eng to use his executive power to reclaim the land," he told reporters after handing a memorandum to Lim at Kompleks Tun Abdul Razak (Komtar) here today.

The memorandum asking that the land be returned to kampung residents was handed to Lim's political secretary, Ng Wei Aik.

About 200 people including village residents had earlier gathered peacefully in the Komtar grounds.

Tharmaraj said Kampung Buah Pala residents wanted Lim to honour his promises that the land would be returned to them. "We don't want to lose the land which has been occupied for 200 years," he said.

Meanwhile, KPKPP was adamant and refused to share land ownership with the residents. Chairperson Abdul Razak Mansor said its members who met yesterday agreed not to share the land as proposed by Lim.

"Why must we share with village residents when the land is ours? The court has decided that the land is legally owned by KPKPP," he told reporters here today.

Abdul Razak said Lim's proposal that KPKPP share the land with Kampung Buah Pala residents was made without discussing it with them.

"Lim suddenly proposed that we share the land with kampung residents. It is just a political promise. Why must KPKPP agree to the proposal?"

He hoped that Kampung Buah Pala residents would cooperate by vacating the land without causing any trouble.

Meanwhile, Lim has warned KPKPP not to proceed with the decision to demolish the houses in Kampung Buah Pala, saying all parties involved should find a win-win solution without hurting anyone.

"We want to look for a solution to help the residents, and at the same time benefit KPKPP and the developer," he told reporters here today.

He said if KPKPP insisted on demolishing the kampung, the state government would have no choice but to stop the development order.

"We are playing matchmaker in this matter as we are not involved in any action to demolish the kampung. We had not issued any letter which allowed the houses to be demolished," he said.

The Kampung Buah Pala land became an issue after the Federal Court issued an order for the 23 families living on the 2.6ha land, dubbed High Chapparal, to vacate it by 2 Aug. — Bernama

Monday, August 3, 2009

Uncertainty grips Kg Buah Pala

2031: The villagers held a candlelight vigil and have now ended their gathering. Guan Eng was not in.

“We heard on the eight o’clock news that they are definitely coming in tomorrow to demolish,” said a worried villager.

2021: About 50 villagers, many of them children, are now gathered outside the Chief Minister’s residence. This has upset the Chief Minister’s people, who believe they have been trying hard to resolve the crisis and that certain quarters are making use of the villagers for their own ends.
The villagers, meanwhile, are desperate as the Cooperative has said it will carry out demolition tomorrow.

1700: Radio news announces that the developer has “rescheduled” its demolition to tomorrow to “allow residents more time to leave”.

But the residents appear to be standing firm and they are not going anywhere. Between 50 and 100 activists and residents – some of them sitting in the porches of houses and under a canopy near the main lane cutting through the village – are keeping watch at the village. Others have called it a day.

One villager told me they had never been offered RM200,000 each as compensation. “All that was talk – we have never seen anything in writing to that effect,” he said. What they were offered earlier was an apartment worth RM75,000, along with a temporary monthly rental, or RM90,000 cash.

They residents are also worried that the proposed double-storey terrace houses which the state is said to be trying to arrange as compensation could turn out to be small cluster ‘matchbox’ houses that would be too small for their extended families. It is not uncommon for each house here to be shared by several families.

Meanwhile, many are still waiting for the final outcome of the state investigative committee’s probe into the Kampong Buah Pala land transfer. What are the political interests (if any) and developer connections behind Nusmetro Ventures (P) Sdn Bhd? Who is the contractor for the Oasis project likely to be? And in particular, who is the main shareholder – Mohamad Faridz Karim of Balik Pulau, who has close to an 80 per cent interest in Nusmetro’s parent company, Asia Link-up Sdn Bhd?

1142: About a hundred demonstrators from Hindraf, MIC and PSM are at Komtar now. They have just handed over a memo for the chief minister.

USM students at Kg Buah Pala


Crowd gathers, no sign of demolition - Malaysiakini

Some 300 people have gathered in support of the Kampung Buah Pala villagers in Penang after the deadline for the villagers to vacate the land expired yesterday.

Among those present are members of the Hindu Rights Action Force (Hindraf), MIC, Parti Sosialis Malaysia (PSM) and non-government organisation Jerit.

Until now, there is no sign that the village would be demolished.

According to journalists on the ground, "There are no bulldozers, policemen or local council officers at the site."

Luxury condominium project

The villagers face eviction to pave the way for luxury condominium project, called the Oasis, to be built by Nusmetro Venture.

The developer has given the villagers until today to move out before their 20-odd houses are demolished to make way for the project.

However, the Penang government - which has come under intense pressure over the issue - last week revoked the development order and it is unclear whether the developer will proceed to evict the villagers tomorrow.

Yesterday, the Penang Government Officers Cooperative, the sole owner of the Kampung Buah Pala land, remained adamant that the houses would be demolished today.

Cooperative chairperson Abdul Razak Mansor said Nusmetro had been instructed to obey the Federal Court decision, which has granted ownership of the land to the cooperative.

"We are not cruel, but our decision to demolish the village still stands because the court has decided the land is ours," he said.

Moment of truth for Kg Buah Pala (updates)

2000: The Penang Government Officers Cooperative is adamant that it wants to demolish the Kg Buah Pala houses tomorrow, reports the NST/Bernama here. “We are not cruel, but our decision to demolish the village still stands because the court has decided the land is ours,” the cooperative chairman Abdul Razak Mansor is quoted as saying.

This effectively throws a spanner in the ongoing talks between the state government and the developer, Nusmetro, to resolve the crisis, according to a source.

Meanwhile, villagers reportedly have taken a week off from work to protect their homes from demolition. They are also expecting many activists and sympathisers to turn up tomorrow to lend their support, reports theSun.

1500: The developer and state government leaders are believed to be holding round-the-clock talks to resolve this crisis, a source informs me. The talks, which could continue tomorrow, may be extended if they fail to come up with a solution.

1300: The villagers are now waiting for a detailed blueprint from the developer/state for them to evaluate the proposal that they could co-exist side-by-side with the condominium project, says Sugumaran, the chairperson of the residents committee.

The villagers are in the midst of a heritage festival in the village.

0058: Today is the the day – the deadline given for Kampung Buah Pala residents to vacate their land.

There’s still considerable uncertainty over what will happen tomorrow.

According to one activist, as late as yesterday, the villagers were still hoping for the state to intervene and save their land by acquiring it.

Today, the villagers will be holding Ponggal celebrations with mixed feelings.

They will probably issue a press statement as well.

And then, who knows what tomorrow will bring.

Sunday, August 2, 2009

Stand-off continues as deadline expires - Malaysiakini

The Penang government was wrong in alienating the Kampung Buah Pala village land and transferring it to a cooperative society without prior written consent from its residents, said a London-based Malaysian lawyer today.

P Apalasamy said given that the village land was under the Brown Housing Trust, the owners must collectively give a written consent, which would constitute a legal document to dissolve the trust.

“Without the legal document, no government can dissolve the trust and alienate its land to another party.

“The current DAP government should produce this legal document publicly to prove that the trust was dissolved in accordance with the law,” said Apalasamy, who has been a lawyer in United Kingdom since moving from Sitiawan, Perak over 20 years ago.

He told this to Malaysiakini during a 40-minute demonstration held by the UK branch of the Hindu Rights Action Force (Hindraf) in London yesterday in a show of support for the embattled Kampung Buah Pala villagers.

Hindraf leader P Waythamoorthy was also present at the demonstration, which was held outside the Tourism Malaysia Office at Trafalgar Square.

“DAP is duty bound to save and preserve Kampung Buah Pala. There is no two ways about it,” he said.

Time is running out


The villagers face eviction tomorrow to pave way for luxury condominium project, called the Oasis, to be built by Nusmetro Venture.

The developer has given the villagers until Aug 3 to move out before their 20-odd houses are demolished to make way for the project.

However, the Penang government has last week revoked the development order and it is unclear whether the developer will proceed to evict the villagers tomorrow.

The state government hopes to buy more time with the move. Nusmetro has earlier agreed to put off their demolishment for a month after winning a court order. But despite the one-month delay, there has not be any resolution to the dispute.

The villagers have been adamant in refusing to yield to the eviction order, and called on the Penang government to acquire the land and preserve the village as a heritage site.

The villagers, civil societies and Hindraf have argued that the site was a 200-year-old Indian traditional village, which is also popularly known High Chaparral due to its population of cowherds, cattles, goats, other live stocks, and lively Tamil cultural features and festivities.

The London demonstration yesterday was a timely boost for the Kampung Buah Pala residents.

A small group carried placards depicting slogans such as 'Kg Buah Pala – The Last Remaining Hindu Tamil Heritage Village. Save It', 'Barisan Nasional and DAP are Cheating the People of High Chaparral' and 'DAP ... What Happened to Your Pre-Election Promises.'

Villagers not represented by lawyers

Apalasamy also pointed out that the state government failed to respect the legal rights of the residents if it had indeed not allowed legal representation for the villagers before obtaining their consent.

The 54-year-old further stressed Indian Malaysians in London were dismayed with the new state government for betraying the trust of Indian voters in Malaysia.

“Indian voters backed DAP and its allies in Pakatan Rakyat in the last general election hoping for a change in their political and socio-economic fortunes.”

Meanwhile, Kampung Buah Pala resident K Murugan, who submitted a memorandum to the Unesco's Paris Desk on Wednesday, has received a written assurance from a heritage official that the world body would seriously look into the issue.

Murugan has submitted the memorandum seeking Unesco's help to save his village from demolition.

On Friday, he received a letter dated July 31 from the World Heritage Centre's Asia Pacific Unit chief Giovanni Boccardi, who assured that the centre would study the appeal and consult with relevant Malaysian authorities and Icomos, an advisory body to the centre.

In his appeal, Murugan called on the Unesco heritage centre to include the village as a heritage site.

Buah Pala Cultural & Heritage Festival

Indian Cultural & Heritage Festival' 09


Save The Last Indian Heritage Village in Penang!
http://mail.google.com/mail/?ui=2&ik=30b6854f47&view=att&th=122d390ca9e9c4ec&attid=0.1&disp=inline&realattid=0.3&zw
Come join us, Save Kg.Buah Pala. On the 3rd,August be there to protect Kg.Buah Pala from been demolished.
S.JAYATHAS
HINDRAF
Part 1


Part 2

First They Came...The Malaysian Version

Saturday, August 1, 2009

Pakatan's sudden interest in Maika shares, a ruse

By Wong Mun Chee,

I'm just wondering after all this years, suddenly everyone in the opposition is ready to take on the Maika shares issues that has been lingering around for 20 over years.

Do I smell a ruse to deviate from the Kg Buah Pala issue? Yes. As more facts are being uncovered on the shady transaction of Kg Buah Pala, the DAP led opposition in Penang needs a diversion.

As usual the Indian MP mandores need to play their part to bury the current Penang government's fault in the Kg Buah Pala issue with a diversion.

Why the diversion, I can give you many reasons. No action was initiated on the fraudulent land transfer; no assistance was rendered to the residents in their fight against the developer when the latter is not even the legal owner of the land.

No state authority had raised the issue on the transfer of the trust land to the state land nor do documents exist to prove it. So what about this rule of law? Close an eye for the poor and defenceless.

Then what about the premium that was paid way after when it should be paid? It does not matter.

How plausible that development plan is approved when it subjected to a premium being paid within time or even without the land having been transferred.

Yes KSK did it, but what did the LGE government do to question all this to safeguard the residents and question the fraudulent transaction or invalidate it.

There are many legal nitty gritty that LGE could have pursued to expose the fraudulent land transfer if he was serious in saving Kg Buah Pala.

The icing on the cake, now since it is public, one lawyer comes out states that "The temporary title document (Borang 11AK), registered with the registrar of land titles and issued on March 27, 2008, contains a clause "Sekatan-sekatan kepentingan", which states:

"Tanah yang diberi milik tidak boleh dipindah milik, cagar, pajak, pajakan kecil atau sebarang bentuk urusniaga"

So, what happened Guan Eng, all your propaganda with your Indian kuncu-kuncu that the state government needs to fork out RM150 million to the developer.

The game is up Guan Eng, we are not so stupid anymore as we have citizen vigilantes to question the fair and just moves rather than playing politics.

The truth is there is no RM150 million to pay, nor was there any real attempt by the present Penang government to actually safeguard the interest of the residents in Kg Buah Pala. It was all an eye wash for the public.

By raising the Maika isues, it is very clear that it is but a camouflage to hide the inherent flaws that is so obvious in the Penang government which is supposed safeguard the interest of the poor and defenceless.

Since when in history have the opposition been interested in the Maika battle that has always been internal. You walk on a thin line in misinterpreting the judgment of the public with your actions.

Don't insult our intelligence and what we can grasp when more truth is exposed on the shaddy deal around Kg Buah Pala and your government's inaction.

Sure, I don't want an Umno-led BN to rule Penang, but expect you to be truthful in your dealing with residents in Kg Buah Pala rather than diverting the attention with your load of hocus pocus.

It is still not too late Guan Eng, do the right thing for the residents and we will respect you for it, for we will appreciate that you stood by them even in your time of despair for political survival.