IS THERE ANY CONSENSUS THEORY IN THE KAMPUNG BUAH PALA CONTROVERSY.


  1. The issue of the Kampung Buah Pala(KBP) has been raging on for quite sometime. Many theories, have been expounded by various writers. Their views have been expressed, based on the Culture of this particular group of people at KBP, which amongst other matters includes their ideas, techniques and habits which have been passed on by one generation to another, for over a hundred years or more.
  2. Then there is the claim by Lim Kit Siang, that for over 150 years, these people have been living  on the same spot where all their forefathers were workers, who had served the British Brown family. When the Brown’s left, they made the Straits Settlements the trustee of the land. Upon Independence, the Federal Government, became the “TRUSTEE”
  3. Koh Tsu Koon’s Administration, in the year 2004 or 2005 has approved, that the KBP land be ACQUIRED by KOPERASI PEGAWAI KERAJAAN PULAU PINANG for a dismal price of RM 3.21 Million.
  4. If at all the people of KBP have any feeling of intense disappointment, they should in actual fact, direct their dismay, at the Federal Government, who MAY have grossly violated THEIR RIGHTS, as the Federal Government had on Independence, become the TRUSTEE of KBP LAND.
  5. Koh Tsu Koon’s Administration, should also be held, ACCOUNTABLE. This is owing to the fact that the people of KBP are living on a land, which is held under a trust.
  6. In this scenario, Article 13 of the Federal Constitution has this to say:

RIGHT TO PROPERTY

(1)   No person shall be deprived of property save in accordance with law.

(2)   No law shall provide for the compulsory acquisition or use of property without adequate compensation.

7.  Now, based on the Federal Constitution, it does provide for COMPULSORY ACQUITION OR USE OF PROPERTY . The caveat is,        that no person shall be deprived of PROPERTY save in accordance with law.

8.In the KBP situation, one issue sticks out like a sour thumb. It seems highly probable and has all the appearance of the possibility, that the acts and conduct of the Koh Tsu Koon’s Administration and the Federal Government, have carried out and executed, a sham acquisition of the KBP land.

9.Under the Land Acquisition Act, the people of KBP cannot be classified as “SQUATTERS” and the issue of Temporary Occupation License(TOL) does not arise. This is owing to the fact, that the people of KBP have for some 150 or so years ACQUIRED an interest in the LAND and further the Federal Government holds the land in trust for them.

10.It is trite law that the Government can acquire any land or property, for a public purpose, with the caveat that it is in accordance with the law. Whatever may be the misgivings in this KBP case, is that, the Federal Court has rightly or wrongly, made a decision.

11. There are also, numerous comments that have been made, about the current State Administration. There are also suggestions, that by ONE STROKE OF THE PEN Lim Guan Eng can ACQUIRE the land and Save the people of KBP.

12.May I suggest that this form of suggestions, are baseless and are redundant. The Penang State Government has been elected, to carry out its duties and responsibilities, OBJECTIVELY. Whilst, any Government, has to endure the subjective and emotional expressions made by some affected party, but as a responsible Government, Lim Guan Eng and his Administration, nonetheless, have to ultimately, act objectively.

13.One other factor has to be looked into. We are a diverse group of people that have unfortunately, been living under the guise of racial divisions. In this system, there is bound to arise a variety of perspectives. But no matter what may be our cultural background and upbringing,  we have and do share a common bond and do have a emphasis on viewing each others social behaviour based on our 52 years of Independence, as being the product of social arrangements or  of the fact that there does exist an ever prevailing interaction of social forces and conditions, for the betterment of the society at large.

14. Finally, as a true Malaysian, who is this empty vassal, Waythamoorthy. What locus standi does he have to lambast the Penang Chief Minister. He lives as a FUGITIVE who has fled from injustice. I do not know why he left the country. But if he has the COURAGE he should come back to Malaysia. What the Government wants to do to him, he should face the consequence. But if he has no courage to come back, THAN HE SHOULD JUST SHUT UP.

15.The ultimate theory that will lead to a consensus, is the fact that any land can be acquired, by the State or Federal Government. The Federal Constitution says so. But it has to be done save in accordance with the law. The KBP people have all along been supporters of I presume, the MIC which is in the BN Government. Why not they ask Big Samy of the MIC to help them. KBP have no excuse to take the Current State Government to task, for the fault and betrayal of the MIC and the BN Government.

16.The consensus is that the State Government, has to be prudent. Lim Guan Eng, you and the State Exco are elected to serve the society at large. You have to act objectively. Remember, Prudence normally leans on the side of being safe rather than sorry.

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                      One Response to “IS THERE ANY CONSENSUS THEORY IN THE KAMPUNG BUAH PALA CONTROVERSY.”

                      1. boscopa Says:

                        Yes, I am

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