14 theSun | TUESDAY AUGUST 11 2009

speak up!

IT IS a sad reflection of the fragility individual councillors do not have

of Malaysian society that a seizure
of 70 cans and bottles of beer worth
RM620 by local council officers
quickly became a controversial
religious issue. It even led to an
open quarrel between PAS and
Local authorities the power to direct the officers to
take actions against any party or to
stop taking actions.
With the possible exception of
Kuala Lumpur City Hall and Putra-
jaya Corporation, Shah Alam City

must stick to the rules

DAP, two of three partners in the
Selangor state government.
It has also reinforced the mis-
conception that the Chinese are
only concerned about drinking
alcohol, besides eating pork and
gambling because some Chinese
leaders felt compelled to voice their
views publicly. It is important that
they also voice out about issues
such as integrity, rule of law and
the environment.
The sad fact is that the beer
episode need not have happened
as the local authority did and still
does not have power over sale of
the mild alcoholic drink. Unfor-
tunately, the preoccupation with
religious sensitivities has resulted
in little scrutiny of the local authori-
ties despite the fact it was the illegal
actions of municipal enforcement
officers that started the imbroglio.
The power of local authorities is
not limitless, even in handling as-
sessment, the single biggest source
of their income. For example, in
July last year the Federal Court held
that the Klang Municipal Council
was wrong to charge a property
owner a penalty calculated at the
rate of 10% of the assessment that
remained unpaid at
the end of February or
August each year. It also
declared as illegal the
charging of a penalty of
10% on the accumulated
arrears continuously.
Local authorities are
not sovereign bodies.
Their power is limited
to what is given to them
by the state and federal LocalCounsel
governments. by Goh Ban Lee
Furthermore, unlike
their counterparts in
the Scandinavian countries where
the local government can do eve-
rything except those specifically
forbidden, Malaysian local authori-
ties, following the British tradition,
can do things that only they are
specifically allowed to do. Doing
things not authorised can render
the decisions to be nullified and the
local authorities being
sued for compensation.
For example, in
October 2005, the High
Court ruled that the
then Petaling Jaya
Municipal Council had
to pay compensation to
the property owners of
Taman Desaria off Jalan
Kelang Lama for not fol-
lowing the development
control procedure when
it allowed the building
of two blocks of low-cost
housing and some stalls. No figure
has been agreed to, but it could be
in millions of ringgit.
All local authorities should
spend some money to cast the
above episode in steel sheets and
hang them on prominent places
to remind all officers and council-
lors about the rule of law and the
consequences of unauthorised
decisions or actions.
The seized beer has been re-
turned to the convenience store,
reportedly with an apology. If Liu
had personally directed the officers
to return the beer, he has over-
stepped his boundaries although
he might have saved the city coun-
cil from being sued. However, it is
important to note the view of Shah
Alam Mayor Mazalan Mohd Noor.
Quote: “The exco member (Liu) had
acted in accordance with the law
and he has the right to correct any
of our mistakes.” (Aug 4)
Liu should see to it that those
responsible for the beer seizure
are held accountable for their
misconduct. If the enforcement
officers were directed by some
councillors as reported, the latter
should be sacked and the officers
reprimanded. As a general rule,
Council, like all local authorities,
could do with more employees
in ensuring that the city is clean,
attractive, efficient and safe.
The enforcement officers
should be more concerned about
the numerous cases of non-com-
pliance with municipal rules and
standards and help the police to
reduce crime.
In this regard, Selangor Men-
tri Besar Tan Sri Abdul Khalid
Ibrahim and his colleagues should
be applauded for deciding on self-
regulation in the beer controversy.
Local authorities should only be
concerned about municipal issues.
They should let other regulatory
authorities enforce religious and
moral laws (see facing page).
More specifically, they should leave
God to enforce His laws. There
has been too much destruction of
property and lives when men and
increasingly women are too dog-
matic in doing the work of God.
Dr Goh Ban Lee is a retired academ-
ic interested in urban governance,
housing and urban planning. Com-
ments: letters@thesundaily.com.

letters
letters@thesundaily.com
Klang Sentral proves critics right
WHILE the Selangor executive councillor in charge
of infrastructure was debating beer and politics in
Shah Alam last week, one part of the controversial
Klang Sentral terminal closed its doors.
It only took nine months for Terminal B to shut
down. And to many businesses, public transport
operators and bus users, it was not unexpected.
When it was announced late last year that the
Selangor government would go ahead with the re-
location of buses to Klang Sentral, a great hue and
cry was raised.
Traders complained about the loss of business
and the higher cost of operating at Klang Sentral. Bus
operators complained about the inconvenience and
the higher cost of operating at Klang Sentral. And
passengers complained about the inconvenience
and the extra out-of-pocket costs.
We at Transit (The Association for the Improve-
ment of Mass Transit) complained about an urban
planning policy that seemed dedicated to moving
public transport terminals to suburban areas – in-
stead of making them better enforced and more
efficient. But our appeal, like the others, fell on deaf
ears. And our suggestions, like the others, fell on
deaf ears.
Mentri Besar Tan Sri Khalid Ibrahim stepped in
when the political tension was high, ordered that
the terminal be opened, and then stepped out of the
picture. But the controversy was never resolved.
Nine months later, the intercity and express
bus operators seem to be tolerating Klang Sentral
Terminal A, but Terminal B is a ghost town. Wawasan
Sutera bus company never shifted to Klang Sentral.
Cityliner shifted but then moved back to the old
terminal. And RapidKL was the final bus company to
give up and move back to the North Klang terminal.
What makes this even more unfortunate is that
the old Klang North bus terminal – which was urban,
centrally-located and very effective – has not been
reopened.
So the streets of Klang are still a mess, with
buses blocking the streets around the old terminal.
Despite the wish for the Klang Local Council and
Selangor government to build up a new piece of
infrastructure, the old terminal has shown itself to
be tough to replace.
Will the Klang Sentral terminal become the Paka-
tan government’s first white elephant?
Moaz Yusuf Ahmad
Petaling Jaya
Where are all the
male teachers?
RECENT reports that there will be
no more male teachers in 20 years
is of grave concern. In the 60s when
I joined the teaching profession, we
were fired with a sense of commit-
ment, dedication and passion, and it
was a vocation, but not anymore. As
Bright pointed out by my fellow teachers,
lights now many enter the teaching profes-
sion only when they cannot find other
amid jobs, a sad reflection on a profession
economic that was once revered.
gloom The current ratio of 72 females to
28 males for every 100 teachers is
pg 16 a disturbing trend for the country’s
education system. Why has the
teaching profession become so
unattractive to males? I had noticed
this development more than 20 years
ago and the prime reason is that, and
with no offence to my female coun-
terparts, most of the workload now
falls on male teachers.
Male teachers, besides their
routine work, are expected to
undertake additional tasks such
as heading uniformed units, sports
activities, disciplinary duties and as
examination controllers. Most of the
sports activities are delegated to
male teachers, which among others
include organising the school’s an-
nual sports meet and other sporting
activities. I know of a dedicated male
teacher who spent 30 years in the
field of sports and only three years in
the classroom.
Opportunities for promotion for
teachers, especially graduate teach-
ers are unfavourable, compared with
their counterparts in the administra-
tive and diplomatic service (PTD).
Some graduate teachers have been
on Grade D41 for more than 10 years
and not been promoted, while their
friends in the PTD are promoted
within five years. The situation has
reached such a stage that male
teachers lack the morale and many
adopt a lackadaisical attitude to this
once noble profession.
With the escalating cost of living,
why should good candidates enter
the teaching profession when there
are other better paying professions?
Even the dedicated teachers have
voiced their concern on this issue and
have said that they will discourage
their children or anyone who is keen
to become a teacher. Many male
teachers have resigned and migrated
to other countries.
In countries such as Singapore and
Japan, the teaching profession is con-
sidered on par with other schemes of
services and attracts the best and the
brightest, not in Malaysia anymore.
The heavy workload of many male
teachers has also taken a toll on their
health. Many now complain of stress
and other ailments.
It is time that the government
looks into the woes of the teaching
profession and find ways of inspiring
more males to enter the profession.
James Gonzales
Kuala Lumpur

Justice delayed is justice denied

IT IS a timely call by Chief Justice Tun Zaki Azmi
that frequent postponements of cases in the
High Court and subordinate courts have become
a perennial problem.
Many a time, cases in the High Court and sub-
ordinate courts (magistrate and sessions courts)
have been postponed without valid reasons.
From my observations, cases are frequently
postponed in the High Court when judicial com-
missioners are assigned to hear these cases. Even
to the extent, lawyers are given liberty by these
judicial commissioners to postpone a case at
the very end of the day. I strongly urge the chief
justice to look into these particular matters. The
High Court in Perak seems to top the table in the
northern region. I don’t understand why. Even
grounds of judgment from the High Court in Ipoh
have taken more than 90 days.
Yet again, I wonder whether the judicial
commissioners who are going to be fully-fledged
High Court judges are competent enough to
handle these legal matters competently.
Zaki must seriously look at the professionalism
of these judicial commissioners. He even men-
tioned the names of the late chief judge of Malaya,
Tan Sri Hashim Yeop Sani, and Datuk Gopal Sri
Ram, Court of Appeal judge (now Federal Court
judge) of having made judicial pronouncements
which contain guidelines on postponements of
cases. I’m certain that these guidelines were
made to protect the sanctity of the judiciary. With
this in mind, I urge Zaki to admonish and look into
the postponements of cases seriously by these
judicial officers in the High Court as well as the
subordinate courts for “Justice delayed is justice
denied”.
Vijay Shanmugam
Taiping