Letter to the editor - Highland Towers verdict

Dear Editor,

I wished to express my utmost concern about the lack
of accountability of local authorities when it comes
to the health and safety issues, in particular with
regards to Majlis Perbandaran Ampang Jaya as a
statutory body,to control the planning and building
projects in Ampang Jaya district. This is in relation
to the recent ruling by the Federal Court, which was
quoted in the article, February 18, 2006, "Federal
Court: MPAJ has full immunity from claims".

Quoted:"Local councils cannot be held liable for
losses suffered by anyone should a building collapse".


I question the court's ruling by asking these
questions:

Is it true that the local authority (MPAJ) as a
statutory body passed by Parliament, accepted the
plans from the applicant (developer), approved the
plans, monitored the building and approved the
certificate of fitness when Highland Towers were
completed? Is it also true that the local authority's
duty among others is to make sure of the health and
safety of the citizens in its given authority, hence
having the statutory powers to enforce and monitor
errant developers?

Let us be clear on this. There are many developers who
submitted plans, incomplete and not up to full
specifications, but at the end of the day - Did the
local authority check and monitor the building
undergoing construction, and the local authority
officers be satisfied with the work and then finally
give the approval needed for occupancy?

Too many questions unanswered thus far.

I cannot see any more reasons other than the local
authority being at fault, or at least share the
majority of the blame with the developer. The local
authority's function is to deter errant developers and
give confidence to residents that they are doing their
job, and clearly there should be a clear verdict of
irresponsibility and not "immunity" as was quoted.
What a worrying precedent to be set by a Federal
Court. The court ruling could have easily made local
authorities be more cautious, instead it is the other
way round.

Pseudonym:
Resident, Hulu Kelang

(I sent this letter to the STAR newspaper editor just now.)