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November 8, 2006

Satay outlet to be torn down

Satay outlet to be torn down

KLANG:KLANG: DZ Satay House which was built illegally on state land in Pandamaran, Port Klang, will be demolished on Nov 23, and its owner Datuk Zakaria Md Deros will be slapped with a RM10,000 fine. 

ALL SMILES: Zakaria leaving the ACA headquarters in Shah Alam yesterday.
A Klang District Land Office spokesman said the restaurant was built without approval on a buffer zone meant for road expansion, and Zakaria would be fined under the National Land Code for trespassing. 

“The District Land Office will issue a notice of demolition under the Land Code tomorrow (today) and tear down the restaurant on Nov 23,” he said. 

“We are giving the owner ample time to remove the furniture and fittings, to minimise losses.”  

Yesterday, the district office surveyed the land on which the restaurant stood as well as the surrounding area. 

“No appeal will be entertained as the land is a buffer zone and can’t be used for other purposes,” he added. 

“We are strict about this and want to ensure that the message goes out to others not to misuse state land or occupy it illegally.” 

Meanwhile, Klang municipal council president Abdul Bakir Zin said yesterday that Zakaria, who is Port Klang assemblyman, had yet to pay up the RM24,000 fine imposed on him by the council for building a four-storey mansion without submitting building plans. 

Last week, Selangor Mentri Besar Datuk Seri Dr Mohamed Khir Toyo said there were many buildings and premises in the state built without approval from the authorities. 

He said the state government had long known about their existence but if all of these were demolished there would be a huge public outcry.  

Zakaria faces council action on satay restaurant

Zakaria faces council action on satay restaurant

KLANG: Port Klang state assemblyman Datuk Zakaria Md Deros’ troubles are far from over. 

Klang Municipal Council (MPK) president Abdul Bakir Zin said appropriate action would be taken against him soon for building his DZ Satay House illegally on state land. 

“The land office is preparing a notice to be served on Zakaria and action will be taken under the National Land Code,” he said.  

However, Abdul Bakir could not say if the notice would require Zakaria to tear down the structure. 

He added that Zakaria, a former MPK councillor, had yet to submit the building plans for his palatial home in Kg Idaman, Pandamaran, to MPK for approval.  

Abdul Bakir added that Zakaria had also not settled the RM24,000 fine imposed on him for having illegally constructed his mansion 

Fellow MPK councillor Mazlynoor Abdul Latiff, who had committed the same offence, had submitted his plans for approval, said Abdul Bakir. 

Umno Youth chief Faizal Abdullah was the other MPK councillor found to have built his home without approval.  

Mazlynoor will not be forced to resign, says MB

Mazlynoor will not be forced to resign, says MB

KUALA LANGAT: Klang Municipal Councillor Datuk Mazlynoor Abdul Latiff, who built his Kampung Raja Uda bungalow without council approval, will not be forced to resign, said Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo. 

Dr Khir said he had decided that any councillor who settled his problem with the council within one or two months, could remain in the post. 

“Now, it’s up to him (Mazlynoor) to decide, I can’t force a person. He is nominated (as a councillor) and he is qualified,” he said yesterday.  

“The only thing is he broke the local government rules. I understand that he will settle the matter within one or two days.”  

Dr Khir was speaking to newsmen after a Hari Raya open house held by the Sultan of Selangor, Sultan Sharafuddin Idris Shah at Pantai Kelanang in Morib here yesterday. 

Mazlynoor is one of three councillors with the Klang Municipal Council who bulit their homes without approval. Two of them – Faizal Abdullah and Port Klang state assemblyman Datuk Zakaria Md Deros – resigned as councillors last week. 

Council president Abdul Bakir Zin said Mazlynoor resubmitted the building plan of his bungalow to the council last Friday and it would take two to three days to approve the plan.  

Mazlynoor mum on whether he will quit post

Mazlynoor mum on whether he will quit post

RealVideo Media Player 

ALL EARS: Mazlynoor (standing, second left) listening to what Dr Khir (seated, left) had to say during a press conference at the MPK open house in Klang yesterday.
KLANG: Klang municipal councillor Datuk Mazlynoor Abdul Latiff has met with Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo and received the same advice given to the other two councillors who constructed their bungalows without getting all the approvals from the local council. 

However, unlike Faizal Abdullah and Datuk Zakaria Md Deros, Mazlynoor did not confirm whether he would voluntarily relinquish his nomination as a councillor. 

“I explained to the Mentri Besar about the situation of the construction of my house and he was satisfied. 

“I had actually submitted the building plan on May 25 and was given conditional approval the next day,” he told reporters after attending the Klang Municipal Council (MPK) open house at its building here yesterday. 

Also present were Dr Khir, executive councillor Datuk Rahman Palil, Zakaria, MPK president Abdul Bakir Zin, Mazlynoor and Faizal. 

Mazlynoor said the process of the building plan approval was delayed due to land title approval. 

He admitted he could have started work too soon on the bungalow in Kampung Raja Uda before obtaining all the approvals.  

Mazlynoor added that he would meet the MPK building department officers to settle the issues.  

He also apologised to Dr Khir and the people in Klang for his “oversight.” 

However, when asked about his withdrawal as MPK councillor, Mazlynoor declined to comment. 

The council had issued stop-work orders on the three properties belonging to Zakaria, Faizal and Mazlynoor. 

Mazlynoor’s bungalow is a short drive from Faizal’s. 

Mazlynoor is the deputy head of the Klang Umno division.  

Zakaria is the division chief. 

Kapar Umno division Youth chief Faizal, who resigned as a councillor on Wednesday, forwarded his resignation letter to the council on Monday.  

MB: If Zakaria’s house is torn down, what about the others?

MB: If Zakaria’s house is torn down, what about the others?

Media Player| Real Video 

KLANG: Let’s be realistic – there are a lot of buildings in Selangor built without proper local council approval. That is the frank opinion of Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo. 

“I have been told I must be fair; to act without fear or favour. If so, then these properties and building extensions are also subject to demolition,” Dr Khir told reporters yesterday. 

“Such properties include temples and even the headquarters of political parties. If I go strictly by the book instead of taking into account public interest and racial harmony, imagine the outcry if I were to execute the demolition orders.” 

Dr Khir said his state government has long known about the existence of many properties, building extensions and even 5,000 factories constructed without obtaining all the approvals from local councils. 

However, he said, enforcement action had been selective because the state wanted to be a friendly government, and not execute drastic measures that might cause hardship for the rakyat. 

Unless a property or building extension was a safety threat; hindered traffic or posed a danger to the public, local councils had been quite tolerant about not taking action although they were illegally constructed.  

“Datuk Zakaria (Md Deros) is not the only person who had constructed a house without getting all the approvals first. 

“I have been told I should not practise double standard. If his house is demolished, can all others in the same predicament accept the demolition of their properties? 

“I have received many calls from the public, saying this place, or that, the neighbour’s extension has no building plan approval, should I demolish them?” asked Dr Khir at the Hari Raya open house organised by the Klang Municipal Council (MPK) at Dewan Hamzah here yesterday. 

He was commenting on calls by certain quarters insisting that Zakaria’s mansion in Kampung Idaman be demolished for being constructed without MPK approval.  

Dr Khir said Zakaria must pay the fines for flouting certain local council building laws. 

He said he wanted all local councils to start checking on properties. Those found flouting laws would be dealt with. 

When asked about the fate of Zakaria’s other properties that were in violation of laws such as the DZ Satay House which was built on state land without approval, Dr Khir said Zakaria was subject to investigations by the responsible authorities. 

On Zakaria’s move to withdraw from the council post only after Prime Minister Datuk Seri Abdullah Ahmad Badawi issued advice, Dr Khir said Zakaria had submitted his letter before the Nov 8 deadline. 

“Some have said I was indecisive over the matter. Yes, I could have just revoked the appointment. 

“But it is better for him to withdraw, which he eventually did – that is good, because we do not want to be an inconsiderate government,” he said.  

November 3, 2006

Down with illegal home extensions

Down with illegal home extensions

ALTERATIONS and extensions to buildings without planning permission is widely practised, and even tolerated until an aggrieved neighbour blows their cover. 

For these suffering neighbours, complaints to the local authority about illegal works that intrude into or damage the common boundary sometimes add more grief when no firm action is taken. 

Two long-suffering residents along a stretch of double-storey terrace houses in Bayan Baru know only too well the heartache of living next door to a house undergoing invasive illegal alteration work.  

Resident Rogayah Mohd, 41, claimed she spent some RM3,000 to rewire her house after illegal renovations next door unleashed an invasion of termites which damaged the wiring. 

“While extending the porch area, the neighbour cut away the common gutter without informing us and this caused rain water to gush down the exposed end,” she said. 

She said the neighbour also shifted the toilet next to one of her bedrooms that led to a seepage of water through the common wall. 

Following her complaints, the neighbour later repainted Rogayah’s side of the bedroom to cover up water stains and repaired the exposed end of the gutter. 

Another resident of an adjoining house said the council tore down the same neighbour’s extended porch about a year ago but extensions of rooms were left untouched. 

She said the owner, who did not live in the house, had not removed the debris.  

A resident in Bandar Baru Air Itam was exasperated that a neighbour had made an illegal building extension for a food catering business and it encouraged an infestation of rats. 

Another resident at Fettes Park in Tanjung Tokong was at her wits’ end with a neighbour who extended his building too close to the perimeter fencing, thus robbing her family of privacy as she claimed the neighbour would peep into one of her bedrooms. 

These complainants, some having even asked lawyers and politicians to look into their plight, are familiar faces appearing at the council’s Meet-the-people session every last Friday of the month. 

State DAP Action Team chief Tham Weng Fatt said the council should not practise double standards by taking action only against the lower-income group while well-connected people were spared. 

“All illegal extensions should be removed and the offenders taken to court,” said Tham. 

State Local Government, Traffic Management, Information and Community Relations Committee chairman Datuk Dr Teng Hock Nan said once a complaint was received, checks would be done to ascertain whether the work is illegal. 

“If it is, a notice to stop work is issued and by the end of one month, the owner must revert the building to its original state or apply to get approval,” he said. 

If the owner failed to comply, he said the council could either tear down the extension work as provided for under the Local Government Act 1976 or to bring the offender to court under the Town and Country Planning Act 1976.  

Building plans yet to be submitted

Building plans yet to be submitted

KLANG: Where are the plans? It has been days since the scandal of Klang municipal councillors building palatial homes without submitting building plans to the council, yet until yesterday, none of the councillors or their architects had submitted plans. 

Two of the councillors have put the blame for the non-submission of building plans squarely on their architects. 

Abdul Bakir: ‘If problems crop up, we go after the house owner, not the architect’
Klang Municipal Council (MPK) president Abdul Bakir Zin said that up to yesterday, none of the three councillors or their architects’ representatives had submitted their building plans. 

He said the stop-work orders for the three bungalows therefore remained in force. 

Abdul Bakir said councillors who blamed their architects for not getting approval for their building plans were setting an unhealthy precedent for members of the public to follow.  

“The onus is on the owner to make sure the building plans are submitted. If problems crop up, we go after the house owner, not the architect,” he said when contacted yesterday. 

“So take a keener interest in what your architect is doing.”  

The Star yesterday identified Faizal Abdullah as the third councillor who started construction of a bungalow in Kampung Raja Uda here without getting MPK’s approval. 

The other two are Klang state assemblyman Datuk Zakaria Md Deros, an MPK councillor who was building a mansion in Kampung Idaman, and Datuk Mazlynoor Abdul Latiff, who started work on his bungalow in Kampung Raja Uda. 

Both Zakaria and Faizal blamed their respective architects for failing to make sure all the necessary approvals were obtained before construction work started. 

Faizal had promised that his architect would submit the building plans by Monday next week. 

Abdul Bakir also warned councillors who held land under Temporary Occupational Licence (TOL) not to misuse the land for purposes other than described in the approval of the council’s business licence.  

It was believed Abdul Bakir had voiced his concern because he discovered that some councillors who owned businesses had not complied with the business licences. 

“We are conducting a thorough check on various businesses operating on TOL land. Initial checks showed a few had not complied with conditions in the licences,” he said. 

“In some cases, the council had approved the land for car showrooms but now we see restaurants there.”  

Abdul Bakir said the council would issue notices to the “illegal” businesses.  

Related Stories:
Resign, Zakaria urged
Faizal: Good lesson for me

Gerakan, MCA not in favour of appointing assemblymen as municipal councillors

Gerakan, MCA not in favour of appointing assemblymen as municipal councillors
Giam Say Khoon

PETALING JAYA (The Sun, Nov 2, 2006): Gerakan has abandoned the practice of nominating its elected representatives to sit in local councils from this year on.

And the MCA is expected to do so as well, if all Barisan Nasional component parties agree to this.

Although both parties have not linked their decision to the raging controversy over Port Klang assemblyman Datuk Zakaria Mat Deros’s position as Klang Municipal Councillor, it is learnt they find it timely to make a stand on this now.

Such a decision would fall in line with the principle of separation of powers between the second and third tiers of the government.

Gerakan president Datuk Seri Dr Lim Keng Yaik said the elected Gerakan representatives had served their last terms as local councillors.

"I made the decision long time ago. The term for elected representatives had finished, so there will be no more. That is my party’s stance," he told reporters when asked to comment on whether it was true that Barisan Nasional component parties had agreed that no elected representatives would be chosen as local councillors in future.

Lim said if one has been elected state assemblyman, there is no need for him to sit in a local council.

He said it is better to choose somebody else to be a councillor, who could then be moulded into a potential state assemblyman.

"Most of our assemblymen in Penang had served as councillors. If they are lazy to work, cocky and had done anything wrong, we will make sure that he would not become an assemblyman."

MCA president Datuk Seri Ong Ka Ting reportedly said in a vernacular newspaper that if BN component parties agreed to order their elected representatives to resign as councillors, the party would support it.

He said the party hoped this would happen.

Sources said Ong had in fact mooted this move for Selangor a year ago, but no decision was taken then.

Selangor MCA publicity bureau chief Lee Wei Kiat said the party has 10 state assemblymen in Selangor who are sitting in local councils. No other state has such an arrangement.

They are Datuk Ei Kim Hock, Datuk Liew Yuen Keong, Datuk Hoh Hee Lee, Datuk Lee Hwa Beng, Datuk Liew Chee Khong, Datuk Dr Wong Sai Hou, Datuk Lim Choon Kin, Datuk Teh Kim Poo, Kow Cheong Wei and Low Lee Leng.

Lee said it has been a convention for the party and Umno Selangor’s elected representatives to sit as councillors since former Mentri Besar Tan Sri Muhammad Muhammad Taib’s administration.

MCA secretary-general Datuk Ong Ka Chuan said because Selangor Umno recommends its elected representatives as councillors, MCA followed suit to ensure fairness in policy making.

He said the party will let the Selangor MCA liaison committee - chaired by Ka Ting - decide whether it wants to continue with this practice, adding that an announcement can be expected soon.

It is felt that allowing elected representatives to sit as local councillors would lead to a conflict of interest situation.

Updated: 06:16PM Thu, 02 Nov 2006

Faizal: Good lesson for me

Faizal: Good lesson for me

KLANG: Kapar Umno Youth chief Faizal Abdullah has resigned as a Klang Municipal Councillor following the controversy over him constructing his house without obtaining approval from the council. 

In a statement issued late last night, 35-year-old Faizal, who is also the state party deputy youth chief, said he resigned after being advised to do so by Mentri Besar Datuk Seri Dr Mohd Khir Toyo. 

“With full repentance, I willingly relinquish my post as a Klang Municipal Councillor. My resignation letter will be sent to the Mentri Besar and the Council president by tomorrow (today) by 3pm,” he said. 

Faizal and two other councillors – Datuk Zakaria Md Deros and Mazlynoor Abdul Latiff – constructed their houses without approval. However, he is the only one who has relinquished his post. 

Faizal said he was summoned to see Dr Khir yesterday to explain the issue of the construction of his bungalow at Kampung Raja Uda. 

He also reiterated his public apology in his statement to Dr Khir, the council and the people for “causing problems to so many quarters.” 

Faizal is married to the daughter of Umno permanent chairman Tan Sri Onn Ismail, who is also the Selangor State Assembly Speaker.  

Faizal said that his father-in-law, who owns the house, had entrusted him with rebuilding it. 

The house needed to be torn down and rebuilt because it was termite-infested and the wiring was old. 

He said the whole issue had become a valuable lesson for him and “I will take the punishment but will still like to serve the party and the people in the future.” 

“Let this be an important lesson for me to be more responsible when carrying out the mandate given by the party and the people,” he added. 

Faizal said he was thinking of quitting the moment this matter became public and it became clear what he had to do after his meeting with Dr Khir. 

“How can I continue to serve as a councillor and offer any advice if the same situation occurs to someone else? 

“It shows the importance of the need to respect the law especially now that the people have become more aware.” 

Faizal, who is the Deputy Chief Executive Officer of public listed construction company Wijaya Baru Global Berhad, explained that the problem with the building plan approval centred round an access road reserve at the land. 

“This required me to get approval from the exco to transfer the title of the reserve to allow construction to start. I neglected to inform the council after getting the approval. 

“I had submitted my building plan application to the council but it was on hold until I got the state government’s approval. It was further complicated when we kept changing the plan. My architect told me that every time I changed the plan I needed to get the council’s approval. This I failed to do.” 

Related Stories:
Building plans yet to be submitted
Resign, Zakaria urged

Zakaria sat in the Dewan Negara while an undischarged bankrupt

Zakaria sat in the Dewan Negara while an undischarged bankrupt
R. Nadeswaran and Terence Fernandez

PETALING JAYA (The Sun, Nov 2, 2006): Datuk Zakaria Mat Deros, the beleaguered Port Klang assemblyman and Klang Municipal Councillor who has been in the news over the illegal construction of his palatial mansion and other breaches of the law, is courting new controversy - he remained a senator while being an undischarged bankrupt.

According to Dewan Negara records, Zakaria, who was then known as Zainal Mohd Deros, was appointed a senator on July 30, 1991, and served two terms which ended on July 31, 1997. In the 1999 general election, he stood as a candidate for the Selat Klang state seat which he won.

He was one of the two senators nominated by the Selangor state government.

On Sept 10, 1992, he was declared a bankrupt by the High Court in Kuala Lumpur following a petition filed by Maxon Credit & Leasing Sdn Bhd. Under Article 48(1)(b) of the Federal Constitution, a person is disqualified from being a senator if he is an undischarged bankrupt.

Although he was discharged as a bankrupt two months later on Nov 24 - after paying up more than RM400,000 - legal sources say that he should have stepped down or notified the senate of the order and taken leave of absence pending the order being annulled.

According to records from the Official Assignee’s Office, a bankruptcy notice was filed on Jan 3, 1990, and served on Zakaria on Feb 11, 1990.

Having failed to comply with the requirements of the notice, a Receiving Order was made and the Official Assignee was made the receiver of Zakaria’s estate.

  • The facts: Jan 3, 1990, bankruptcy notice filed against Zakaria;
  • Feb 11, 1990, bankruptcy notice served on Zakaria;
  • July 30, 1991, Zakaria appointed senator;
  • Sept 10, 1992, declared a bankrupt by High Court; and
  • Nov 24, 1992, discharged as a bankrupt

 

Terence Fernandez and Husna Yusop

PETALING JAYA (Nov 2, 2006): Police have launched a probe on the alienation of land by the Selangor Development Corporation (PKNS) to the Selangor Badminton Association (SBA).

It is learnt that Bukit Aman officer contacted SBA officials for details over the awarding of seven acres of land in the state by PKNS to SBA - both of which Port Klang assemblyman Datuk Zainal @ Zakaria Mat Deros is a member.

Zakaria, as president of SBA, is alleged to have made the application for 10 acres (four hectares) of land to PKNS - he is chairman of its land committee.

PKNS subsequetly granted seven acres (2.8ha) in Shah Alam to the badminton association to build courts and other related facilities.

"Police have contacted the SBA and its officers will be queried," said a police source.

"They have been asked to prepare the necessary documents. There is probably a case of abuse of power here, which is why we are investigating," the source added.

The source said the SBA investigations are ancillary to another probe being conducted by the Anti-Corruption Agency (ACA) over the illegal construction of Zakaria’s mansion in Klang.

SBA deputy president V. Subramaniam, when contacted, said the SBA will co-orperate with the authorities. He declined to comment further.

PKNS press ofiicer Mohd Wazir Abdul Ghani told theSun he was unable to confirm if Zakaria was involved in the meeting in 2004 that decided to award the piece of land to SBA.

He said, however, that it was normal procedure for officials who had an interest in a project to excuse themselves from the meeting.

Two other Klang councillors - Mazlynoor Abdul Latif and Faizal Abdullah - have also built their houses without prior approval from the local council.

When contacted, Mazlynoor declined to say if he had met Mentri Besar Datuk Seri Dr Mohd Khir Toyo or if he would resign.

Yesterday, Faizal announced he was stepping down from the post for the 2006-2008 term following a meeting with Mohd Khir the same day.

The Mentri Besar is attending the Conference of Rulers today.

Updated: 08:42PM Thu, 02 Nov 2006

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