COMMENT The apparent dissatisfaction by anti-highway groups with some Pakatan Rakyat MPs and state assemblypersons, stems from a deep sense of frustration and distrust in the way Petaling Jaya (PJ) residents perceive the government had dealt with two expressway issues.

 

The highway projects are the Kinrara Damansara Expressway (Kidex) and the Damansara-Shah Alam Highway (DASH), and it is a government which came to power under the 'war cry' of competency, accountability and transparency.

 

Together with that war cry were promises made to voters to overcome what Pakatan claimed were the ills of the ruling coalition.

 

These promises include the abolishment of toll roads, restoration of local government elections, freedom of information, more transparent urban governance, better civil society participation in local government, and an end to cronyism and corruption.

 

It cannot be denied that Pakatan were highly critical of the ruling coalition's granting of privatised highway toll concessions to private sector companies.

 

Pakatan claimed that these toll concessions, like other privatised public infrastructure such as electricity and water, involved abuse of power, cronyism, and corruption.

 

To be fair to the opposition coalition, PJ Utara MP Tony Pua has rightfully explained that it is wrong to say that Pakatan and Menteri Besar Mohamed Azmin Ali ( left ) have done nothing.

 

Pua correctly pointed out that PJ assemblypersons have, on various occasions, stated their objections against Kidex and DASH at different times.

 

In fact, Bukit Gasing assemblyperson Rajiv Rishyakaran not only has made press statements, but has also drafted and sent written objections against Kidex and DASH to the state government, under the Town and Country Planning Act 1976 (TCPA).

 

PJ Selatan MP Hee Loy Sian and Puchong MP Gobind Singh Deo have also gone on record in the media, declaring their strong opposition to the Kidex highway.

 

So, too, have other state assemblypersons and MPs, and these are matters of public record.

 

Furthermore, Pua has now clearly stated that no approval has been given to Kidex and the state government has rejected the renewal of the expired caveats.

 

He further stated that the government would not even consider approving Kidex if the conditions set by the menteri besar are not complied with by Feb 14.

 

This means that even if all the conditions by the menteri besar are complied with, only then will Kidex be processed under TCPA, that is, the process to amend the Local Plan in relation to Kidex.

 

That process will be a mandatory two-stage formal public objections and hearing procedure, as required under the TCPA.

 

Address PJ residents' anguish

 

In support of Pua's statement is the unrebuttable fact that the Petaling Jaya City Council (MBPJ had, on or about November 2013, through the one stop centre (OSC), rejected the Kidex Skyway because it did not meet the requirements for planning approval under the TCPA as it was totally inconsistent with the PJ Local Plan and, pursuant to Section 18 of the Act, required to be rejected.)

 

This was done by MBPJ councillors under Pakatan before any anti-Kidex groups were formed and even without any public pressure.

 

Even to date, MBPJ has been steadfast in its professionalism in this matter by rejecting the Kidex traffic report.

 

Senior council member Lee Suet Sen has unequivocally stated that MBPJ's own independent traffic study does not support the benefits claimed by Kidex.

 

But one can understand where the residents' distrust and frustration is coming from.

 

They feel that Pakatan promised them an abolishment of toll roads and that this matter should have ended a long time ago by the state simply stating that toll roads are not allowed.

 

In fact, senior PKR leader Rafizi Ramli had on June 18 last year reaffirmed Pakatan's commitment not to allow toll roads, together with other Pakatan menteri besars and state assemblypersons, at the MBPJ library in a meeting with PJ residents last year.

 

From the residents' point of view, there should be no issue as the menteri besar and all the exco members are from Pakatan, and they collectively form the state authority which has the final say.

 

To the residents, a simple statement of policy that no toll roads are allowed will end the discussion and save a lot of residents' time and anguish.

 

The truth of the matter is there has been a change in what was promised to the people.

 

The MB's recent statement on the issue confirms this change. The policy now appears to be that toll highways may be allowed if it is beneficial to the people. This has angered residents who feel betrayed.

 

Why was Pakatan so critical of the ruling coalition's approval of various toll concessions? Have not the LDP, NKVE, Kesas, DUKE, and other toll highways, benefited the people?

 

Maybe the answer lies in the actual terms of the concession agreement to determine whether it actually provides a benefit to the people at fair and reasonable costs.

 

So, the menteri besar's unprecedented insistence that the whole concession agreement must be made public is certainly a step in the right direction and augurs well for Pakatan's pledge of transparency.

 

The public disclosure of privatisation agreements to which toll concessions are a category of, is the single most important step to combat corruption, cronyism, and abuse of power of public assets.

Cannot solely blame Putrajaya

 

Regrettably, instead of admitting the fact that Pakatan promised more than it could deliver in relation to abolishing toll roads or being candid enough to apologise and explain why they now needed to change the policy to allow toll roads that are beneficial to the public at fair and reasonable costs, they did a disservice to themselves by telling the intelligent PJ residents that they could only do this once they have won Putrajaya.

 

Of course, this is inaccurate, as the full power to approve the planning and development control of the toll highways and land matters associated with it is fully vested in the state government and local authority, under the provisions of the TCPA and the National Land Code 1965.

 

Furthermore, all concession agreements for toll roads would be subject to the concessionaire obtaining the relevant state and local government approvals.

 

So, to make statements that these projects have been approved by the federal government and they can't do anything or they need to form the federal government to stop such projects is not only inaccurate but weakens the people's trust.

 

The overused excuse of blaming the federal government for everything is no longer acceptable to the educated PJ voters.

 

To make matters worse and cause more confusion is the fact the Selangor government, for some strange reason, undertook to carry out the first in a series of steps required to amend the State Structure Plan by carrying out a survey under Section 7 of the TCPA, which surprisingly included the DASH and Kidex highways when there was absolutely no reason to do so at this stage.

 

It is obvious that the state government had been ill-advised in doing this because it can be interpreted as an intention on the part of the state government to either amend the State Structure Plan or replace it with one which may contain the DASH and Kidex highways, albeit after the required public objection process. In fact, this was the interpretation the affected residents took.

 

The survey is a preliminary step to the amendments or preparation of a new State Structure Plan under Section 8 of the TCPA.

 

It is the state's plan and only the state government is responsible for its contents.

One can now see why the residents are so distrustful, despite the good efforts by the menteri besar, state assemblypersons, MPs, and MBPJ.

                       

Part 2 tomorrow

 

DEREK FERNANDEZ is a former MBPJ city councillor.