Kampung Sungai Baru: Zaliha and government cannot wash their hands off

I refer to the statement made yesterday by Federal Territories Minister Dr Zaliha Mustafa, that the residents of Kampung Sungai Baru who are facing eviction, must discuss directly with the developer to halt the eviction process, as it was not a decision of the government, but was determined by the court.

The minister's statement is shocking, unacceptable and an irresponsible evasion of the government’s responsibility to the affected people of Kampung Sungai Baru. 

It was not the court that compulsorily seized the property of the affected residents. It was the government that did so. The court had no choice in the matter once the government had invoked the Land Acquisition Act 1960 in 2021 in favour of the developer. 

This led to the seizure of the land of residents who did not agree to the terms offered by the developer, and the current national controversy over the eviction of the residents.

The compulsory acquisition was a drastic act by the government, using extraordinary powers, to forcibly take the residents houses and land, and hand it over to the developer. That a disputed compensation amount was given does not change the fact that the land and homes were forcibly taken.

Why didn’t the government simply allow the residents to negotiate with the developer and come to fair terms without forcible acquisition? It may have taken longer to conclude, but it would have been a fair process arrived at with the consent of the residents.

The government having wielded this draconian power of seizure, Zaliha cannot now absolve the government of responsibility to resolve the plight of the affected residents. 

The minister and the federal government cannot simply "pass the buck" to the court or the developer. Neither the court nor the developer had the legal power to compulsorily seize the land; it was the government that did so.

It is significant that yesterday, Zaliha chose not to address the compulsory acquisition of the Sungai Baru land by the government in 2021. Why is she silent on that? Is it because the minister cannot justify the seizure of people’s land and houses merely for the purpose of redevelopment? 

Compulsory acquisition of land by the government must be used only where it is of critical importance for the nation. It should not be indiscriminately used for primarily constructing commercial buildings or malls, as is being planned for Kampung Sungai Baru. 

Compulsory acquisition of land should not result in the enrichment of developers to the detriment of house owners; it must be used rarely and only where it is of grave public importance to do so.

Zaliha also claimed that the 28% of residents who are against the development proposals, are inflicting a “tyranny of the minority” upon the remainder 72% of the residents. It is morally and legally wrong to suggest that the objecting residents are tyrannising over the majority who agreed. 

The minority residents were legal owners of the land and houses. They had the legal right to either accept or reject the terms of the developer. The right to ownership of property is a fundamental constitutional right guaranteed under Article 13 of the Constitution. 

How can the exercise of this legal and constitutional right of ownership amount to a “tyranny of the minority”? It appears that the minister simply does not comprehend what is meant by “tyranny of the minority”.

Zaliha also claims that the objecting residents are doing so because "they are not satisfied with the compensation". This is false. The residents' real objection is the forcible seizure of their land by the government and subsequent handing over to the developer. This is a surprising claim for the minister to make, as she has no authority to speak on behalf of the objecting residents.

We urge Zaliha as the FT minister, the prime minister and the government not to wash their hands off this matter and leave it to the developer and enforcement bodies. That would be grossly unfair as the compulsory acquisition was done by the government; they cannot now shirk responsibility. 

We urge the government to immediately intervene in the matter to halt the ongoing eviction and to resolve the dispute in a fair and just manner.

N Surendran is the legal adviser for Kampung Sungai Baru Residents' Rights Committee.