Lim given one-week ultimatum to save village - Malaysiakini

Hindraf leader P Uthayakumar has given the Penang government a week from today to save Kampung Buah Pala and preserve it as an Indian heritage village in Georgetown.

Uthayakumar, who…

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Hindraf leader P Uthayakumar has given the Penang government a week from today to save Kampung Buah Pala and preserve it as an Indian heritage village in Georgetown.

Uthayakumar, who yesterday visited the embattled village which is to be demolished to make way for a luxury condominium project, spelled out three actions that the Pakatan Rakyat government must take.

• Sign a purchase order to acquire the village land from its current landowner, the Senior Civil Servants Cooperative Society (Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang).

• Disclose findings of its ongoing investigation into the alleged land scam involving the village.

• Reveal the court order on the dissolution of the legally-constituted Brown Housing Trust, which encompasses Kampung Buah Pala.

Speaking at a gathering in Kampung Buah Pala, the most famous face of Hindraf has given Chief Minister Lim Guan Eng until next Friday to deliver on those demands.

According to Uthayakumar, a government must get a court order to dissolve a housing trust to take over its land.

“If this was done, then all the valid documents should be in the state land office. The chief minister can reveal them to the public,” he told some 200 villagers, Hindraf supporters, social activists as well as PKR and PAS party members.

Present were PAS state deputy chief Mujahid Yusof Rawa (right), PKR Balik Pulau MP Yusmadi Yusoff and the villagers' legal representative, Darshan Singh Khaira.

This is the first time Hindraf, PAS and PKR leaders have come together in a show of solidarity with the villagers. However, no top DAP representative could be spotted at the meeting.

Kampung Buah Pala is known among locals as 'Tamil High Chaparral' because of its population of cowherds, cattles, goats and Tamil traditional cultural features.

Gov't took over land 'given' to villagers

According to the village senior citizens, their ancestors were given free ownership of the land by the Brown Estate Housing Trust before the government turned it into a temporary occupation licence (TOL) settlement after Merdeka in 1957.

They recalled that their parents, mostly illiterate, were hoodwinked into signing documents by government officers on the pretext of providing water and electricity to the village.

According to them, their parents were duped by the government to terminate their land ownership and turn the land into a TOL village.

In 2005, the state land office unilaterally stopped TOL collections from the villagers in a move to alienate the land under state ownership and it was subsequently sold to the senior civil servants cooperative.

The cooperative has hired Nusmetro Venture (P) Sdn Bhd to build a few blocks condominiums as part of the Oasis project.

Uthayakumar said Lim can invoke Section 76 of the National Land Code and Section 3 of the Land Acquisition Act to acquire the village land for the people.

He said Lim should sign the purchase order before pointing figures at others over the 'High Chaparral' controversy.

“The chief minister should show his commitment to the people by acquiring the land. Then he can fight with Gerakan, Umno or MIC over the issue, and seek federal money to fund the purchase,” he said.

The Hindraf leader also pointed out that since Lim boasted about his government's accountability and transparency, he should reveal the ongoing probe on the alleged fraud over the sale of the land.

“It should be done before the demolition on Aug 2, not after it,” said the former Internal Security Act detainee, who plans to be at the village with his supporters on the demolition day.

MP to raise issue in Parliament

Meanwhile, Penang PAS deputy commissioner Mujahid said PAS was committed to preserve the country's heritage regardless of ethnic or religious backgrounds.

“Kampung Buah Pala is a national heritage issue. PAS will back the villagers to preserve it,” said the Parit Buntar MP, adding he would ask party leaders to discuss the issue with Lim.

PKR state youth leader Yusmadi (right) said he would raise the village issue at the next parliamentary sitting and question the federal government on whether it was prepared to fund the heritage preservation of Kampung Buah Pala.

Uthayakumar has earlier requested both Mujahid and Yusmadi to table an emergency motion to discuss the issue in Dewan Rakyat.

Yusmadi said he would refer Uthayakumar's call to his party leadership.

Reports lodged against Lim, Koh

Meanwhile, seven individuals today lodged police reports against Chief Minister Lim and his predecessor Koh Tsu Koon over the Kampung Buah Pala land deal.

The reports were all lodged at the Dang Wangi district police headquarters in Kuala Lumpur.

Hindraf coordinator K Selvam told Malaysiakini that the reports urged the police to investigate Lim and Koh to see if there were any wrongdoings in the sale of the village land to the developer.

"These are not police reports lodged by Hindraf. We are merely helping the seven members of public to lodge them," said Selvam.

Open letter from P.Waythamoorthy to Lim Kit Siang

P.Waythamoorthy , Jul 05 2009

Dear Mr Lim Kit Siang,

As much as HINDRAF respects you as an elderly veteran statesman, I am surprised that
you are actually echoing similar…

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P.Waythamoorthy , Jul 05 2009

Dear Mr Lim Kit Siang,

As much as HINDRAF respects you as an elderly veteran statesman, I am surprised that
you are actually echoing similar statements of your son LGE in regards to the Kg
Buah Pala issue and continue to admonish HINDRAF when the core accountability issue
is still not solved.


HINDRAF is an ardent supporter of your party’s cause for competency, accountability
and transparency for all Malaysian but it cannot sit quietly and watch when the
state government in Penang has not done all that is necessary to safeguard the
interest of the Kg Buah Pala residents.

Sir, Kg Buah Pala is not a new issue, but that had been in existence prior to your
party’s governance. Yes, we are aware that the BN administration abetted by Koh Tsu
Koon had acted mala fide for its own interest against the interest of the public,
but, my question is why the current government didn’t do more than sit and wait
until the whole issue exploded this week with the involvement of HINDRAF.

Sir, Are you telling me that the state government could not have initiated an
investigation on the questionable sale and transfer that actually took effect after
your party came in power. Did the state government ever make a report to MACC? No!!!
What attempts did the state government conduct either through its executive and
legal power to support the residents in establishing the allegation of power abuse
and corruption that lead to the illegal sale & transfer of the land. None!!!

Sir, you ask us pursue after Koh Tsu Koon, but wouldn’t it be just and fair that
your party that currently holds the power in Penang should have been doing this from
the day you took over the helm as a segment of your state have been victimized. Did
LGE ever once raise the issue of Kg Buah Pala residents and the questionable land
transfer issue in Parliament? Not a chance.

The residents of Kg Buah Pala were left alone to fight their own battle against the
mighty corrupted machineries of the government. If only they would have had your
assistance and guidance through your resources then the whole transaction could have
been invalidated and those residents would not be living out of fear for losing what
is rightfully theirs. DAP fought tooth and nail in Perak for New Villages and Kg
Tersusun but Kg Buah Pala residents slipped through its radar.

A simple independent investigative journalism as seen here at
http://anilnetto.com/accountability/lifting-the-corporate-veil-on-nusmetro-ventures-part-1/
by a citizen cast a doubt on the affair of the sale and transfer of the land, yet
why did the state government fail to flex its muscle in the state of Penang to
assist these residents?

Sir, you talk about compensation and so forth when the issue here is not about that
but why did Penang state government fail to rise to the occasion and challenge the
fraudulent misappropriation of the land but rather watch the misery of these
residents from the sideline.

Sir, on humanity stance, you may realize that the generation of Kg Buah Pala goes
back to 200 years where they were even the first milk supplies to the Penang
hospital. They have grown from one generation to another and live as a family union
from the parents, children, brothers, sisters, grandchildren and great grand
children within their own respective land running and playing around their compound
along with the cows, goats and chickens. Those houses there were erected by
themselves to fit the enlarged family members with at least each joined family
owning close to 15,000 sq feet. Now the Developer steps in offers around 850 sq feet
flat for each house, not the household with meager compensation. Can you expect them
to buy a place similar to the quiet enjoyment that they had within their joined
family, notwithstanding the fact the said sum need to divided between the household
members. Where is the justice or fairness and can you consider this as
adequate & fair compensation. Why has the Penang state government not paid any
attention to these residents at least on the basis of humanity? I can understand if
the supercilious BN ruled as this things does not matter to them as long as the
nepotism, cronyism, corruption and inept system keeps them there, they will even
sell their soul but definitely not from DAP along with their Pakatan partners who
thrived on popular support to ensure a real change for the public.

The actual issue on the ground is more complex than what it appears in the media and
lip service politicians to exculpate themselves from responsibility and
accountability when all the residents seek is to continue the quiet enjoyment of
their live with their families.

It is very convenient to come out and picture HINDRAF in a bad light and side track
the whole issue but at the end of the day the truth is the consequences is faced by
the poor and defenseless residents against the might of the government and the
developer due to the failure of the Penang state government to protect its public in
Kg Buah Pala.

HINDRAF wages a battle for the truth to emerge for the poor and defenseless
irrespective of whichever is the governing party rather than doing what seems to be
politically right.

Thank you

HINDRAF

P.Waythamoorthy
Chairman

Hisham's lies leave Waytha fuming

Hindraf chairperson P Waythamoorthy is furious with the continuous lies being perpetuated by the government that he had sought the support of terrorist organisations to back his own movement.

The latest false charge by the government came just last week when Home Minister Hishammuddin Hussein had informed the Parliament that Waythamoorthy left Malaysia on Nov 28, 2007 to lobby international support and to make efforts to meet leaders of Tamil Tigers.

"This is absolutely ridiculous. I challenge the minister to provide proof of this openly, if he has any," Waythamoorthy told Malaysiakini today.

He is presently in New Delhi, India and will be back to his base in London later this week.

He left Malaysia when the government started its crackdown on Hindraf at the end of 2007. Since then he has been leading the movement from London.

"For the government to keep repeating that I have sought the support of terrorist groups is baseless and unfounded. And last week Hishammuddin had said the same based on information apparently obtained from intelligence reports.

"I find it strange for the government to keep repeating this same old accusation but without giving any evidence. If they have proof, why not just release it," he asked.

He said that that he was ready to return home and urged Hishammuddin to charge him in court with treason over the alleged contacts with Tamil Tigers.

Waythamoorthy also urged the Home Ministry to issue him a fresh passport so that he can return to Malaysia.

His passport has been revoked by the government and he is presently travelling using a special United Nations travel document which was given after he was granted a political asylum by the British government.

Baseless accusation

He added that the seeds of Hindraf's links with terrorist organisations, especially with the Tamil Tigers, were first publicly planted by Attorney General Abdul Gani Patail on Dec 5, 2007, and this was further cemented by the Inspector General of Police Musa Hassan on Dec 13, 2007.

This was also a justification used to arrest five Hindraf leaders under the Internal Security Act in December 2007. They were released in May this year.

Waythamoorthy said that until today no one in the government could back up their claims of the alleged Tamil Tigers link.

"Charge me in court on the terrorist links and that will give me an opportunity to prove that this government had no evidence whatsoever," he said.

Hindraf became the main public enemy after the movement had highlighted cases of temple demolitions in the country in 2007.

The movement's public rallies became hugely popular, emanating in a mass rally in Kuala Lumpur in November 2007 where almost 30,000 people had taken part.

After that the government started its crackdown by arresting the main leaders, culminating in the ISA arrests, and during which time Waythamoorthy had left for the UK to continue the movement from there. The government banned Hindraf last October.

Hishamuddin's latest response on Waythamoorthy's alleged links with terrorists came in the form of a written answer to PKR's Kapar member of parliament S Manikavasagam.

Uthayakumar keeps us guessing - Malaysiakini

Though only making some eight percent of the Malaysian population, political representation for the small Indian community is an increasingly crowded house.

Currently, Barisan Nasional coalition partners MIC and PPP,…

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Though only making some eight percent of the Malaysian population, political representation for the small Indian community is an increasingly crowded house.

Currently, Barisan Nasional coalition partners MIC and PPP, along with BN-friendly Indian Progressive Front (IPF), are the biggest players.

They are joined by newly formed Indian-based parties - the Malaysian Indian United Party (MIUP) in 2007 and this year, Malaysian Indian Democratic Action Front (Mindraf) and the Malaysian Makkal Sakhti Party (MMSP).

The newer parties were established without much fanfare but come July 19, a grand welcoming of yet another Indian-based political party is on the cards.

This is because the new party is supposed to be helmed by lawyer P Uthayakumar, leader of the banned, yet highly influential, Hindu Rights Action Force (Hindraf).

When Malaysiakini caught up with Uthayakumar yesterday, he refused to confirm what was being planned on July 19, but revealed that there would be a mass gathering at the Hokkien Hall in Klang.

Hints of a new party are obvious. To a question, Uthayakumar said despite the saturated playing field, he believed there was still room for a new Indian-based political party.

“The other Indian parties – MIC, PPP, IPF – are all linked to Barisan in one way or another... meanwhile on the opposition's front there isn't really a strong Indian-based party,” he said.

An independent party?

Without a strong Indian-based opposition party, Uthayakumar alluded that this had resulted in Pakatan Rakyat's inability to address the interest of the Indian community.

“Take for instance the Kampung Buah Pala crisis, PKR or DAP MPs could have pushed for a emergency motion in Parliament to debate on the allegedly fraudulent land transaction... but did they?

“Let's say a developer wants to buy over the Weld Quay in Penang, you think they (the Penang government) is going to keep quiet? Definitely not. This is simply because the residents in Kampung Buah Pala are Indians whereas the residents Weld Quay are Chinese,” he added.

“DAP claims it is multi-racial, but when a Hindu temple was demolished in Kedah, they did not threaten to leave Pakatan, but when a pig abattoir was demolished they did... what does this show, pigs are more valuable than human beings,” he added.

Such is the predicament of the Indian community, said Uthayakumar, adding that it had no political clout.

“Therefore, I believe I have the solution that is neither linked to BN or Pakatan Rakyat... but wait for my announcement on July 19,” said Uthayakumar.

No split among Indians

In November 2007, Hindraf made its mark when it rallied tens of thousands of Indians in Kuala Lumpur to protest against discrimination and marginalisation by the government.

A month later, Uthayakumar and four others were incarcerated without trial under the Internal Security Act until April this year.

Uthayakumar argued that the spirit of Hindraf has not fizzled out, and despite the burgeoning number of Indian-based political parties, neither does he view them as enemies.

“(When we started off) everyone was already from different political parties... we just got under the Hindraf banner,” he said, in reference to other Hindraf figure heads such as DAP's M Manoharan and V Ganabatirau as well as PKR's S Jayathas and S Manikavasagam.

He brushed off suggestions that the Indian community was now seriously split along political lines and that this was a scenario created by the ruling Umno-led BN coalition.

“This is their trap to cause confusion and for us to fight among ourselves,” he said.

A write up on Kg Buah Pala

By SV Singam

The opinions and conclusions are entirely mine. Feel free to correct me if you think I am in error.

The land now called Kg Buah Pala was…

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By SV Singam

The opinions and conclusions are entirely mine. Feel free to correct me if you think I am in error.

The land now called Kg Buah Pala was occupied by settlers more than 200 years. Some 150 years ago, David Brown, who then owned the coconut plantation there, gave the land to the settlers for them to continue their farming activity. A written document exists to prove this. After Brown returned to Britain, the State Government took over the land and proceeded to collect annual TOL rent from the villagers.

In 1999, the villagers applied for the land to be gazetted as Heritage Land. But the then government dragged its feet over the matter and failed (or refused) to take concrete action.

I have no idea how many people were privy to the fact that a developer called Nusmetro Ventures had a plan to develop condominiums on the land occupied by Kg Buah Pala. I also have no idea when the project was launched. But I do know that, as early as December 2007, even before any land transfer had taken place, prospective buyers were already discussing the launching price and putting down deposits.

In retrospect, it appears that the BN government had no intention of gazetting Kg Buah Pala as Heritage land. Instead, the land was to be sold to a developer to build the condominium project. In the process, BN cronies, including senior state government servants, were to make fat profits.

At the time of campaigning for the 12th General Elections, residents of Kg Buah Pala claim that they highlighted their problem to the PR candidate who promised that, if they won the elections, they would solve the problem. I have not seen any recorded evidence of the PR candidates making that promise. But I find it quite believable simply because, at that time, the DAP did not expect to win outright.

After the PR took over the State Government, the plotters behind the scheme had a problem. People within the government would lose the lucrative profit they were expecting to make. The crony developer would lose a lot of money already spent on launching the project. Buyers of the condo units would only get partial refunds because lawyers fees and so on would not be returned. They would stand to lose lots of money. It was a real mess that the plotters had to clear up, which they did.

3 weeks after the PR took control of Penang, the Kg Buah Pala land was quietly transferred to the Senior Government Servants Cooperative for them to sell to Nusmetro Ventures (and enjoy the promised profit). Right under Lim Guan Eng's nose!

The initial transfer of the land and the subsequent sale of it took place after the PR government had come into power. They could have stopped it if they had wanted to. But had it been stopped, they would have to face the wrath of the buyers of the condos. If the project went through, only the Kg Buah Pala residents would be affected. I suspect this is why the Lim Guan Eng government closed its eyes until it was too late.

Lim Guan Eng is now claiming that the developer had offered a compensation of RM200,000 per residence which the settlers rejected. The truth is, the compensation offered was only RM90,000 and this was accepted by only 6 of the 41 families living there. The others rejected the offer not because the money was not enough but because they only wanted to stay on the land that had been settled on by their ancestors. They needed the land so that they could continue with their livelihood - rearing cows and goats.

The Chief Minister has the power to acquire the land. Of course he has to compensate the buyer. But his claim that he had to pay RM200 per sq ft is ridiculous. The land acquisition was done under suspect circumstances. The buyer only has to be paid a nominal sum above the purchase price. The CM's personal assistant estimated that the compensation may cost up to RM30 million but LGE exaggerated that figure in his press statement. No one really seems to know what the actual payout would amount to.

What I can see is an unwillingness on the part of the Penang State Government to stop the project. I can understand why LGE fears to do that. The buyers of that project together with their relatives and friends would constitute a huge voter block. He cannot afford to antagonise them. He may not be corrupt, but he is a politician. He is in power on the votes of his supporters. He is surely beholden to them.

Everyone is lambasting Hindraf for their confrontational attitude. Well, don't forget that the reasonable negotiating attitude that had been adopted for some 10 years, all the way until that point had resulted in utter failure. If Hindraf had not acted as they did, Kg Buah Pala would be reduced to rubble by now.

Hindraf has won a month of time for all parties to come out with a fair solution. Let us see if the Penang Pakatan Rakyat government led by Lim Guan Eng has what it takes to address this really difficult issue and fix it.

The PR government may not be guilty of any corruption or illegal action. But they are guilty of inaction, which has brought grief to the settlers. It is morally wrong to make it seem like the settlers are greedy and are demanding more compensation. All the settlers are asking for is to be left alone to do what they have been doing for more than 200 years.

The right and proper thing to do is to confiscate all profits made from this nefarious project and use that to compensate the affected parties equitably. If the Penang government is unable to do that for whatever reason, they have to do the next best thing.

Identify a suitable alternative location that is acceptable to the Kg. Buah Pala settlers and help them to rebuild their settlement. The settlers are not asking for fancy urban homes or money. They just want to be able to continue with their lives and livelihood. Is that too much to ask?

What I recommend is not impossible to do. It only requires a willingness on the part of Lim Guan Eng's government to prove that they are truly a People's Government and not merely a Taxpayer's Government.

A CHALLENGE TO HOME MINISTER- HISHAMUDDIN

Earlier this week the Home Minister had issued a statement in Parliament amongst others that I had left the Country on the 28^th November 2007 to lobby International support and to make efforts to meet leaders of the LTTE.

The above information has apparently been obtained from intelligence reports.

The baseless and unfounded allegation of Hishamuddin that I had made attempts to make contact with LTTE is absolutely ridiculous. I challenge Hishamuddin to provide the proof to the Malaysian public openly.

If that was the case why did the British government grant me political asylum status under the United Nation 1951 Convention relating to the status of refugee owing to fear of persecution by the Malaysian government for social activities that was carried out by HINDRAF in Malaysia. For the public’s information, LTTE is a proscribed organization both in England and India. In that case even the other Hindraf lawyers who had faced illegal incarceration are equally exonerated from such malicious allegation.

On 5^th December 2007 it was the Attorney General Abdul Gani Patail who made this unfounded allegation in an open Court bail application hearing against innocent Hindraf supporters. Thereafter on the 13^th December 2007 the Inspector General of Police and the Former Prime Minister made similar unfounded allegations against HINDRAF Lawyers.

When challenged to prove those allegations they went mute and the facts were twisted that the Lawyers had raised religious sentiments when the Lawyers had merely advocated the rights of Freedom of Religion under Article 11 of the Federal Constitution and Article 18 of the Universal Declaration of Human Rights.

I have always maintained that I am a Human Rights Advocate and have never deviated in my duty to uphold the Malaysian Federal Constitution and protect the Rule of Law.

I have no fear of the UMNO regime and its prison and have proven myself when I voluntarily denied bail upon arrest on a politically motivated sedition charge on 23^rd November 2007.

I now challenge Hishamuddin to do the following:

a) (a) immediately issue a fresh International Passport under my name ( I will not accept the old passport which has been invalidated and

m most likely “marked invalidated” by the British Immigration Office);

b) (b) arrest and charge me in open court for treason upon my return for the alleged “attempt to make contact with LTTE”

The “Criminal” Charge would give me an opportunity to prove that this Government had no evidence whatsoever and the whole works of the system right from the former Prime Minister, Attorney General, Inspector General of Police to the current leaders have lied and misled the Malaysian public and deliberately demonized HINDRAF, my colleagues and me.

If Hishamuddin fails to do the above he should publicly apologize to all Malaysians and Parliamentarians for misleading them.

P.Waytha Moorthy

Chairman

HINDRAF

Uthaya in Buah Pala

We Need Your Support !!!

Our Hindraf Leader
Mr.UTHAYAKUMAR
is coming to

Kg Buah Pala, Bukit Gelugor (High Chaparral)

on :
Date : 4th July 2009 (Saturday)
Time : 2.30pm
Location : Kg Buah Pala, Bkt. Gelugor. (High Chaparral)

Please come and support.
Please spread this message to all our friends.

-Buah Pala Residents-

PKR tells CM: Go talk to the villagers - Malaysiakini

A Pakatan Rakyat ally today ticked off Penang Chief Minister Lim Guan Eng for attempting to resolve the 'High Chaparral' crisis through media statements, rather than working out a proactive…

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A Pakatan Rakyat ally today ticked off Penang Chief Minister Lim Guan Eng for attempting to resolve the 'High Chaparral' crisis through media statements, rather than working out a proactive action plan.

PKR state chief Zahrain Hashim wants Lim to go to the ground, get his facts right and find an amicable win-win solution for all to end the Kampung Buah Pala crisis in Bukit Gelugor.

He said he was shocked that Lim had not visited the village until today since becoming chief minister 15 months ago.

He chided Lim for relying for information on the crisis from his deputies, rather than getting it himself.

As a result, he said Lim (right) was being accused of misinforming the public on several contentious issues pertaining to the crisis, such as on the quantum of the compensation offered by the developer.

"Information from third party amounts to hearsay. As chief minister, Lim should get it from the villagers... meet the villagers," Zahrain told Malaysiakini.

Zahrain acknowledged that the situation had reached a boiling point after the lucrative Oasis project developer - Nusmetro Venture (P) Sdn Bhd - issued a court order of writ of possession to the villagers yesterday.

Lodge a report with MACC

He said sentiments were running high now because an Indian traditional village of nearly 200 years was about to be demolished and flattened in a month's time.

"Lim should not look only at the corporate interests and talk about dollar and cents. It's time for him to visit the village and end the villagers' predicament," said Zahrain, the Bayan Baru parliamentarian.

He pointed out that it was the state government's duty not to allow the villagers to be victimised by the system.

He said the state government should not use the court ruling on the village land as a sheild to hide from its public responsibilities.

He urged the state government to release all the findings of the ongoing investigation into the 'High Chaparral' land scam.

He said the state government should not compromise with anyone if the findings showed that the land had been misappropriated by deception.

He urged the state government to report the issue to the Malaysian Anti Corruption Commission (MACC) to nab the culprits.

"The court ruling is another matter altogether," said Zahrain.

"Lim should check on the facts behind the crisis and prevent any victimisation. The people's interests must be protected," he added.

Developer lied to the media

Meanwhile, Kampung Buah Pala Residents Association chairperson M Sugumaran slammed the developer for lying about the facts and figures over the village.

The developer's executive director, Thomas Chan, said that the village only has 21 households, after 10 others moved out after accepting compensation up to RM260,000.

Sugumaran (right) pointed out that the court bailiffs posted the writ of possession to 41 households in the village yesterday.

"This itself is prove that the developer had lied to the media," he said, adding that only seven households had move out after accepting compensations.

He stressed that the compensation offered was not more than RM90,000 for each household.

Don't blame MIC

Meanwhile MIC Youth wing advisor S Vell Paari said Penang government leaders, especially its deputy chief minister P Ramasamy, should not continue blaming MIC for the plight of the villagers.

"How can they blame MIC for this? As a state government, it's their duty to solve the problem of the villagers there rather than passing the buck," he said today.

He also pointed out that while the agreement to develop the land was made by the previous BN government, it was nevertheless incumbent on the present Pakatan government to solve the issue.

"And during the general election, it was them who had said that they will stop the project. They should fulfil that promise now," he said.

Vell Paari, who is in charge of unity committee of MIC, also said that the party's representative in the last BN state government PK Subbaiyah was among the minority voice of exco members to have objected against the sale of the land to the private developer.

Wooing the Indian Malaysian vote

By Deborah Loh
thenutgraph.com

ON 25 Nov 2007, the Hindu Rights Action Force (Hindraf) burst into public consciousness through a mammoth street rally. Few…

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By Deborah Loh
thenutgraph.com

ON 25 Nov 2007, the Hindu Rights Action Force (Hindraf) burst into public consciousness through a mammoth street rally. Few doubt that Hindraf was pivotal in swinging Indian Malaysian votes away from the Barisan Nasional (BN) three months later in the March 2008 general election.

On 2 July 2009, Malaysiakini reported that Hindraf has submitted an application to the Registrar of Societies to found a new party known as Parti Hak Asasi Manusia (Paham).

But apart from Hindraf, the emergence of other Indian Malaysian political parties is a trend that warrants attention. All claim to want to represent and improve the lot of Indian Malaysians. What does this say about the community itself? And what impact do these divisions have on BN and the Pakatan Rakyat (PR)?

A few months before Hindraf, there was the Malaysian Indians United Party (MIUP) started by Datuk KS Nallakaruppan, a former Parti Keadilan Rakyat (PKR) stalwart and close friend of Datuk Seri Anwar Ibrahim.

This year saw the birth of Hindraf splinter group, the Malaysian Makkal Sakthi Party (MMSP), and the Malaysian Indian Democratic Action Front (Mindraf) founded by former journalist Manuel Lopez.

And in PAS, the party's supporters club has seen the Indian Malaysian faction, which outnumbers Chinese Malaysian members, demand that the club be split according to racial lines.

Developments in the community's political scene will shape the battle for Indian Malaysian votes in the 13th general election due in 2013. Already, there are early and subtle signs that the ground is shifting.

Moving quickly

Consider a few things which have happened since 3 April 2009, when Datuk Seri Najib Razak became prime minister.

The Tamil press play up criticisms of the PR by Hindraf leaders, though the organisation is banned. In Penang, Hindraf is butting heads with the DAP-led state government on behalf of Kampung Buah Pala residents whose land is to become the site of a luxury housing project.

Hindraf protestors (© The Nut Graph)

About two weeks after Najib took office, former Hindraf national coordinator RS Thanenthiran met with the premier to talk about the Indian Malaysian community's grievances. By this time, two Hindraf leaders had already been released from Internal Security Act detention in one of Najib's first moves as premier. Three other leaders would later be released on 9 May.

Thanenthiran confirms with The Nut Graph that he met Najib, remarking that his predecessor, Tun Abdullah Ahmad Badawi, did not once entertain Hindraf's requests for a meeting or acknowledge their memorandums. A month after the meeting with Najib, Thanenthiran launched MMSP.

On the ground, BN has not wasted time wooing the community, according to reports in the Tamil press.

Take the Cameron Highlands constituency, for example. Its Member of Parliament Datuk SK Devamany says, in a phone interview, that since April, two Tamil schools have received RM500,000 and RM700,000 each. Indian Malaysians have also been promoted to head a primary school there, and the local Drainage and Irrigation Department.

Indian Malaysian sentiment towards the BN government also appears to be on the uptrend although it is still early days in Najib's administration.

In the Merdeka Center for Opinion Research's 2008 fourth quarter poll on Peninsula Malaysia sentiment, 56% of Indian Malaysians surveyed disagreed when asked if Najib would make a good prime minister.

In another poll in May 2009, the first survey since Najib became prime minister, 64% of Indian Malaysians said they were satisfied when asked about his performance as premier.

Divide and conquer?

Datuk Dr Denison Jayasooria, the former executive director of MIC's Yayasan Strategik Sosial, says the emergence of different Indian Malaysian political parties indicates that the community still feels sidelined from the mainstream economy. This discontent gives room to individuals with the means and backing to start new parties.

Denison

Another cause is the lack of grassroots leaders who can identify with the rural and plantation communities in a way that western-trained leaders like PKR vice-president R Sivarasa or the DAP's Charles Santiago cannot. Denison says these leaders are not seen as representatives of the Tamil grassroots, and believes this played a part in allowing Hindraf, and parties like MMSP to rise.

Najib's tacit acceptance of MMSP by meeting them indicates his seriousness about winning back the non-Malay Malaysian vote. Denison observes that Najib knows BN cannot afford to be over-protective of MIC, which is embroiled in infighting and is no longer able to defend its position as the main representative of Indian Malaysians.

And while things appear quiet with MIUP and Mindraf, Najib only needs to engage the most attractive alternative to the illegal Hindraf.

As such, the speed at which MMSP's registration was approved in May, three months after its application, gave rise to talk that the fledging party had the BN's backing and funding.

Thanenthiran denies this and when asked again, said: "It is not important whether we support BN or PR but that we work with the party that is doing things to help the Indian [Malaysian] community."

He claims that MMSP, which has over 30,000 members now, is self-funding.

The party has been given further legitimacy by BN, even though it is not part of the coalition, through a campaign launched in early June to find stateless Indian Malaysians—- those without birth certificates or MyKads. MMSP is tracking these cases through announcements in the Tamil press and through its grassroots network, and is forwarding the individuals' details for the National Registration Department's further action.

Structural change

The political divisions among Indian Malaysians may be beneficial to BN, but problematic for PR which is still learning the ropes of state administration and coalition politics.

Thiruvenggadam

Petaling Jaya City councilor A Thiruvenggadam, who is from PKR, feels that PR could be doing more to fill the void by introducing faster changes in certain policies.

He says the PR-led Selangor government still has not dismantled past BN policies on the procurement and awarding of contracts, which, he says, still favour Malay Malaysians. He has also angered his party leaders for going public with claims of political interference in certain council dealings, and knows he is likely to be dropped when the state government announces councilors for the new term in July.

"The Selangor PR government is still adopting all the BN policies of the past to favour one community. We are seeing BN giving aid to Tamil schools and temples but PR is doing nothing to change such policies. Indian [Malaysian] support for PR will reduce if PR doesn't correct this," he warns in an interview.

Devamany
(pic courtesy of
MIC.org.my)BN, being in federal power, has the resources to court the community. But structural change is also underway, promises Devamany, who is Deputy Minister in the Prime Minister's Department and whose portfolio includes policies on Indian Malaysian community issues for the Economic Planning Unit.

"The government is aware that piecemeal handouts to Tamil schools and temples are insufficient," he tells The Nut Graph.

Changes in education, civil service recruitment, poverty eradication, housing, and wages, among other areas, must take place with the results documented to give visibility to the government's efforts.

Devamany, who sits on the cabinet's sub-committee on Indian Malaysian affairs, says this must be done because people still believe "the government doesn't help non-Malays".

Personality vs community

Denison notes that the history of Indian Malaysian political parties has been fraught with splits and the formation of new parties. MIC has faced competition for Indian Malaysian membership even from parties in the BN fold or those friendly to BN, such as the People's Progressive Party, Gerakan, the Indian Progressive Front, and the Malaysian Indian Muslim Congress (Kimma).

"It can be taken as a sign that the Indian [Malaysian] community is most active politically. They are in every party, whether pro-BN or pro-PR. Their common problem, however, is that these parties tend to be personality-based which explains the splits and emergence of new parties," he notes.

Denison believes that Indian Malaysian parties have to change from being personality-driven to community based.

"The truth it, Indian political activism in Malaysia has not thrived unless there are other races to help it," he says, noting that just as MIC cannot go it alone without the rest of the BN coalition, PKR too, needs a multiracial platform to survive.

"I don't think Indian [Malaysian] unity is necessarily the way forward," he says.

But who eventually wins over the Indian Malaysian vote in the coming elections is still left to be seen.

Hindraf Protest at DAP HQ Ipoh

Are pigs more valuable than humans? - Malaysiakini

Does DAP care more for pigs than humans?

This is the question posed by Kampung Buah Pala villagers in Penang who are now counting the days to the deadline for…

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Does DAP care more for pigs than humans?

This is the question posed by Kampung Buah Pala villagers in Penang who are now counting the days to the deadline for their eviction from the area which has been earmarked for development.

Describing it as 'double standards', village residents' association chairperson M Sugumaran chided the DAP-led state government's response to their predicament.

"Is this rule of law?" he thundered when speaking to reporters. "Is this justice, fairness and equality regardless of race and religion?"

"Are pigs more valuable... more important than humans? Are we worse than pigs?" he added.

He was referring to Kedah DAP's decision yesterday to pull out from the state Pakatan Rakyat coalition following a series of misunderstandings, the latest being the demolition of an illegal abattoir for pigs.

'War will erupt on Aug 2'

This morning, some 100 villagers, including women and children, had gathered at the entrance of the village to prevent representatives of the developer - Nusmetro Venture (P) Sdn Bhd - from entering the area.

Tempers flared when they spotted Numesto executive Gary Ho Yuen Kong arriving with court officials and policemen at about 11.30am.

A small light strike force unit was also deployed to prevent any untoward incidents while the bailiffs posted the writ.

The villagers started to shout at Ho as he entered the village. Calm was restored by the police after Ho left the area.

The villagers however refused to receive the notices of the writ, forcing the bailiffs to paste them outside their houses.

The writ gives a two-week deadline for the villagers to vacate their houses to pave the way for the lucrative Oasis development project.

The state government, which has come under intense fire over this issue, has already requested the developer to extend the grace period until Aug 2, in an effort to find an amicable solution.

Sugumaran warned the developer that the villagers would not surrender their homes at any cost.

"Our resistance today would have given the developer a clue that we not going to give up our land. It's going to be a war come Aug 2, unless the state government can end our woes," he said.

Whose side are you on?

Joining the fray, Parti Sosialis Malaysia (PSM) secretary-general S Arutchelvan said everyone wants to know which side state government leaders will be when the developer's bulldozers roll in.

"Will they be on the villagers' side defending the people's rights against the rampaging developer?

"Or will they be on the developer's side protecting capitalist interests?" he asked after visiting the area.

Arutchelvan said Kampung Buah Pala was an organised traditional Indian village that must be preserved by the authorities as a state heritage.

"It is not a squatter settlement as claimed. "It's a living cultural and economically vibrant village of 200 years," he added.

Indicating that the state government cannot hide behind the Federal Court ruling to wash its hands over the crisis, he said Chief Minister Lim Guan Eng should find a political solution.

Guan Eng warns developer not to play hard ball

Chief Minister Guan Eng has issued a warning to Nusmetro Ventures after the Oasis developer’s “highly irresponsible and inflammatory” threats yesterday.

Meanwhile, the state investigative committee needs to quickly get…

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Chief Minister Guan Eng has issued a warning to Nusmetro Ventures after the Oasis developer’s “highly irresponsible and inflammatory” threats yesterday.

Meanwhile, the state investigative committee needs to quickly get to the bottom of the circumstances surrounding the questionable sale and land transfers. What has happened to the villagers’ report to the MACC?

The State Government will not take a single cent of the so-called “goodwill payment” from the developer unless the kampung Buah Pala residents agree to the compensation.

The Penang state government warns Nusmetro Ventures (P) Sdn Bhd, the developer of the proposed housing project in Kampung Buah Pala, for threatening to send bulldozers in by August 2 to forcibly evict residents and demolish their houses as highly irresponsible and inflammatory. It is highly improper to stoke fear into the villagers’ hearts by reminding them that they will have to move out by Aug 2 when the one-month grace period given by the developer expires and there will be “no more extensions”. The one-month grace period was negotiated by the state government with the developer to find a solution to the problem.

Nusmetro claimed to have offered the highest compensation in the state from RM140,000 to RM260,000 to the temporary occupation of land (TOL) holders as well as their immediate and extended families. And even offered one of the two cattle ranchers there RM330,000 including a five-year rent-free deal for land in Balik Pulau which was rejected.

To say that the developer has the legal right not to pay anything to the residents just because the developer has a Federal Court order, would not assist in resolving this problem. Instead of all the cruel talk about bulldozers, the developer should continue to seek solutions that works towards a win-win situation for all parties. For this reason, the state government will not take a single cent of the “goodwill payment” proposed by the developer to the state government unless the villagers of Kampung Buah Pala agrees to the compensation.

I wish to reiterate that the state government has nothing to do with the eviction, or the Federal court order and the bringing in of bulldozers to demolish the houses. Instead the state government had intervened to prevent the eviction of the residents since last year. Even though this is a court order obtained by the developer, the state government would continue to work aggressively to try to assist the villagers.

LIM GUAN ENG

Kugan case proceeds ... without a judge!

The Star
By YENG AI CHUN

KUALA LUMPUR: The judge might have been away, but this did not stop the prosecution and the defence from arguing their case in the…

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The Star
By YENG AI CHUN

KUALA LUMPUR: The judge might have been away, but this did not stop the prosecution and the defence from arguing their case in the High Court here Thursday.

It was supposed to have been the first day of hearing for the return of documents, tissue samples and bodily fluids of suspected car thief A. Kugan who died while in police custody, but Justice Muhamad Ideres Muhamad Rapee was away in Kedah.

Nevertheless, the prosecution and the defence carried on with their arguments before a stunned court official.

Senior assistant registrar Azlinda Ahmad Sharif tried to intervene to explain that she could not hear any kind of arguments in the absence of the judge, but her words were drowned out by the heated exchange between Deputy Public Prosecutor Noorin Badaruddin and defence lawyer N. Surendran.

The war of words between the two started when Surendran asked Noorin to clarify her grounds to get the case thrown out on technical grounds.

Noorin replied that there was no need for her to do that as the prosecution’s ground had been clearly stated.

Surendran insisted that he must be given specific grounds to enable him to reply.

Noorin then repeated that the three grounds of the prosecution’s objection have been clearly stated.

However, she said she would “happily” provide further clarification if needed.

In the end, no order was given on the matter as the exchange between the two was not considered a real proceeding.

The hearing was postponed to July 15.

Kugan’s mother N. Indra, 41, who was also present Thursday, had filed a notice of motion and a supporting affidavit through her lawyer for the return of his samples on May 28.

Indra is asking the High Court to set aside and/ or cancel a search warrant issued by the Petaling Jaya Magistrates Court for the search and seizure at the pathologist’s office on April 6.

Outside the courtroom, Surendran hit out at the Attorney-General for the delay in prosecuting whoever was responsible for Kugan’s death.

“We hold the A-G responsible because the power to prosecute is his,” he told reporters.

He said Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz’s statement that the authorities were waiting for the results of a probe carried out by the Malaysian Medical Council should not have any bearing on the issue.

The probe, he said, was on the professional conduct of the first pathologist and had nothing to do with finding out who was responsible for Kugan’s death.

Kg Buah Pala: PKR youth chief raps Lim

Penang government today…

More ► More ▼ Penang government today came under fire from a PKR lawmaker 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.

"All development policies without emphasis on human rights are flawed. The Kampung Buah Pala crisis should have been handled on these universal principles.

"It's a virtue upheld by international convention and universal laws on social and natural justice.

"Pakatan Rakyat's economic agenda upholds these values and the DAP government should know that," he told Malaysiakini today.

Yusmadi, the PKR state youth leader, is heading a separate party task force to probe the alleged land scam involving Kampung Puah Pala.

The 'High Chaparral' crisis is fast approaching a Mexican standoff between the villagers, civil societies, Lim's government and the developer - Umno-linked Nusmetro Ventures (P) Sdn Bhd.

Crisis could have been averted

The DAP-dominated state government had come under fire from various quarters including the Hindu Rights Action Force (Hindraf), Jaringan Rakyat Tertindas (Jerit), Suara Rakyat Malaysia (Suaram), various social activists and politicians for its 'ineptness and unwillingness' to end the crisis.

They want the state government to acquire and preserve the village in Bukit Gelugor for its 300 residents, involving 65 families in 24 houses.

Even residents living within the vicinity have signed a petition supporting the villagers' cause and called on the state government to halt the lucrative project initiated by its controversial land owner - Koperasi Pegawai-Pegawai Kanan Kerajaan Kerajaan Pulau Pinang.

Touching on the standoff between the villagers, developer and the state government, Yusmadi said the crisis could have been averted if the state government had respected human rights over commercial interests.

He said Lim was wrong to talk about a supposed RM200,000 offer made by the developer to the villagers because he had abandoned the social, economic and cultural rights of the villagers.

The villagers accused Lim of lying about the RM200,000 offer, stressing that the developer had only offered RM90,000 cash or a low cost unit as compensation.

Lim must expose the culprits

Yusmadi said the villagers and civil societies were talking about a 200-year-old peaceful and friendly urban living environment.

Its cultural growth, self-reliant economic activities and the romance of nature is something so scarce these days.

"One cannot compare all these human development and values with material goals," said Yusmadi.

"No amount of compensation can buy all these postive values in life," he said, chiding Lim for being inconsistent on the issue.

He said while the state government had formed an investigation team to probe misappropriation of the village land, Lim on the other hand, was talking about compensation.

By probing into the land deals, he said Lim (left) had admitted that the state government suspected foul play.

Therefore, he said Lim should stick with the probe and go on to expose the real culprits.

But talking about compensation now, he said Lim had contradicted himself and confused the public.

Yusmadi said the onus was now on Lim's government to prove to Penangites that Pakatan government was 'governance with a difference' - upholding human rights and social justice.

"The state government must show that it is different from Barisan Nasional. It must protect human rights, human freedom and human development," he said

Hindraf vs Lim: War of words continue - Malaysiakini

The public attrition between the Hindu Rights Action Force (Hindraf) and the Penang government over the 'High Chaparral' controversy has reached new heights with both sides continue to trade barbs.…

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The public attrition between the Hindu Rights Action Force (Hindraf) and the Penang government over the 'High Chaparral' controversy has reached new heights with both sides continue to trade barbs.

Hindraf leader P Waythamoorthy today 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.

Waythamoorthy said since the village land transfer happened under Lim's watch, he should be held responsible for the transaction.

He pointed out that Lim had conceded that the land deals were carried out in dubious manner by the previous Barisan Nasional government.

The land was transferred from state ownership to a civil servants' cooperative society – Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang - on March 27 last year, 19 days after Pakatan Rakyat was catapulted to power in the 2008 general election.

The transfer is said to have been done without the knowledge of the state government despite Lim's directive to the Land Office to halt all land transactions on assuming power.

The London-based Waythamoorthy pointed out that Lim could have easily cancelled the subsequent transaction on grounds of insubordination or non-approval from the state cabinet.

“What I knew was the village's lawyer had even advised Lim to cancel the deal and take administrative action against the culprits. But he did neither,” he told Malaysiakini.

State can invoke Land Acquisition Act

Waythamoorthy also refuted claims by Lim that Hindraf had misled the public in implying that the state government could acquire the village land at RM30 million or below the market price.

He said it was Lim's political secretary Ng Wei Aik in his own blog posting which suggested that the land would cost the state government tens of millions of ringgit.

Accusing Lim of putting the cart before the horse, he further questioned Lim's wisdom in coming up with such a “ridiculous” sum.

“Perhaps he is not getting the correct advice from his state legal adviser,” said Waythamoorthy, who himself is a trained lawyer.

He said the legal avenue to acquire the land was under sections 18-35 of the Land Acquisation Act, which clearly stated that the quantum of the compensation to be paid shall be assessed by the land administrator after valuations and survey.

If the awarded compensation was unacceptable, he said Lim can invoke provisions under sections 36-51 to seek the court to determine the appropriate sum, with the assistance of assessors.

“He should not blame Hindraf for his own ignorance of the law,” said Waythamoorthy.

Compensation offer dismissed as 'peanut'

He also rebuked Lim for claiming that acquiring a piece of land such as Kampung Buah Pala was beyond the state government's financial capabilities. Waythamoorthy argued that the village was not exactly developed land.

“In any case, the village was developed by the villagers, who have lived there for past 200 years, with their sweat and blood, not by the government or developer.

“If the land is worth hundreds of millions of ringgit because it is developed then the compensation should be awarded to villagers, who are the rightful owners and real developers of the land,” he said.

Waythamoorthy rapped Lim for colluding with the developer to deny the basic human need of having a 'roof over one's head' and uprooting the villagers with the “peanut” compensation offer of RM90,000.

He said Hindraf was willing to sever the movement's friendship with DAP over the issue.

“This issue is not about money, but the preservation of the villagers' right to exist in their hereditary cultural homes.

“As a responsible chief minister and DAP leader, he should be the first to protect and preserve their homes,” he said, calling on Pakatan Rakyat leaders to pressure Lim on the issue.

Developer Nusmetro Venture has given the villagers until Aug 2 before moving in to flatten the village and make way for a high-end condominium project.