Datuk Zakaria, a scapegoat?

MALAYSIA: Datuk Zakaria had finally gave a press conference to explain his predicament today. It was reported in The Star under the headline "Zakaria: I made a mistake". However, the mistake Datuk Zakaria referred to was not because he had broken the law, but because "he designed a 'house (referring to the mansion) which might have been unsuitable for the low-cost housing estate' in Kampung Idaman." He further claimed that he did not break the law because he had tried to apply for a permit.

I think he had misread the public's unhappiness. No doubt, some in the public may be jealous of his mansion, but the majority is unhappy mainly because he was not penalised despite building his mansion without a proper permit. This is the main issue for the uproar and not the because he had build his mansion in a low-cost housing estate. The public is upset because there seems to be double-standards applied when it comes to the general public. Any illegally built structures will be torn down like the case involving the nasi padang seller; whose stall is only 50 meters away from Zakaria's satay stall which was not bulldozed despite being built without permit.

Further, making attempt to get a permit does not absolve him of the crime. If a permit is not granted that means something has to be rectified; and as long as it is not rectified, then he should not have assumed that a permit will be eventually given. This is especially true for a councillor, one who oversees the running of a municipality. If a councillor cannot understand the law, then how can the councillors expect the public to follow them?

Zakaria has hinted that he had been made a scapegoat in the whole process. I do sympathise with him because now we know that he is not the only councillor who had broken the law. He is a victim of the system; a system that had perpectuated for so long that Malaysians mocked it as "Malaysia boleh!", a slogan started by former PM Tun Mahathir. The system reeks of power abuse, corruption, non-accountability, non-transparency and gross inefficiencies. This state of affairs had been so accepted by the public that it comes as no surprise when another councillor, Faizal, who had also built his house without a proper permit was reported to have said that his architect "told me that he assumed he could start work first without the necessary approvals because I was a councillor and I could get the matter sorted out later”.

Questions abound in this saga. Who oversees the issuance of permit for the erecting of buildings and who ensure that a building has the proper permit? What is the role of the Council president Abd Bakir Zin? He had admitted that he had on few occasions advised Zakaria to submit his building plans which the latter had failed to do. Why then did he not take action by issuing a stop-work order? Why was the construction allowed to continue? So has the Council president himself flouted the law? Furthermore, is this only an isolated incident peculiar to the Klang Municipal Council or a disease that is endemic in all the Municipal councils? What about the fate of the other two councillors caught in the same situation?

The public is certain to follow this incident closely. This is because there are many structures being built without the proper permit in Malaysia. To a certain extent, this will be a test case and precedent setting. How the government resolve this incident will determine how the people and the Opposition will react when the next illegal structure is torn down. If different rules apply to the general public, then the government will be on the defensive, which may translate to loss of votes in local elections. If Zakaria's mansion is not demolished, then the government will have lost the right to demolish other illegal structures erected by the common people. Only the government's action can bring back its credibility.

Badawi's government was elected on the platform of accountability and transparency. This will be a good opportunity to prove to the people that he walks the talks. Having missed the chance with the IPCMC issue and 'close-one-eye' MP, this should provide a good opportunity as the Selangor Sultan had already intervened in the matter, making it easier for Badawi to discipline Zakaria.

Links:
The quality of our municipal councillors
The quality of our municipal councillors II