Kota Kinabalu: Sri Tanjong Assemblyman Justin Wong wants the State Government to clarify the status of an abandoned building in Sabindo Tawau that has allegedly been transformed into a commercial lot despite the premises being deemed illegal by the Federal Court.
“The Federal Court deemed the Development Plan, which was presented on Oct 13, 2004, unlawful, illegal, and unenforceable in 2017.
“I believe the people of Tawau deserve an explanation from the State Government on how this transpired,” he said.
He said this plot of land was originally intended to be used as an open car park, but was converted into a commercial shoplots in 2005 due to a joint venture agreement with the Tawau Municipal Council.
He said the Minister of Local Government and Housing at that time was none other than the Sulaman Assemblyman, who is the present Chief Minister and Minister of Finance.
“He was the Minister of Local Government and Housing from 2004 to 2018, before the 14th General Election when power was transferred.
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“I’d like to ask Sulaman, on what basis can these lands be developed when they’re meant to be used by the public?
“This is a critical issue because the people of Tawau have been waiting for this structure to be removed for a long time.
“I’d also seek confirmation from the Chief Minister as to whether the status of the land in question has already been transferred for commercial use or not,” he said.
“If that’s the case, how can it happen while he’s in charge? I believe he should explain how this happened to all Tawau people, given the contentious subject has long been decided in the courts at the highest level.
“The State Attorney’s Chambers should have been aware of the verdict and informed of it, but how can the title be modified later?
“Is it connected to any confidential or secret transactions?” he questioned.
He also sought clarification on whether there is any provision in the law mandating that any development must set aside at least 10 per cent of the land lot for open space
“If that’s the case, how did these properties get the approval for development in the first place? In addition, I was told that the same developer was working on Sabindo Square, another joint venture project with the Tawau Municipal Council.
“The developer did not pay the fee when the OC was issued in 2003, which astonished me,” he said.
He said it’s been almost two decades, but it appears that the developer is exempted from responsibility.
“What is the government’s position on this issue? The buyers are distressed and angry since they had been promised a lot of things in exchange for signing the Sale and Purchase Agreement.
“Given that this is a joint venture between the government and the developer, it may be time for the government to compensate the purchasers,” he said.
Justin also talked about the Nature Conservation Agreement, saying: “I am not opposed to making carbon trading if it is managed with transparency and good governance.”
“But I want to ask whether there is any legal framework or statutory legislation that exist at both state and federal level which can regulate carbon trading?
“Without the law, who is going to be responsible to regulate the operator when things go wrong?” he questioned.
He also expressed disappointment over the statement by Tambunan Assemblyman, that there is no need to bring it (NCA) to the State Legislative Assembly because it is not about the enactment of legislation.
“As far as I know, anything that will bring changes to the government’s financial position needs to be discussed in the State Legislative Assembly.
“Looking at the magnitude of this agreement, we do not want to see another scandal like the 1MDB happening on our own soil,” he said.
Justin also expressed disappointment with the budget allocation that does not bring any form of major development for Tawau.
“Where is the construction of the coastal highway? What about the plan to upgrade the entire Jalan Kuhara to Merotai to a dual carriageway?
“There are plans to transport palm oil from Tawau to Lahad Datu by road. There needs to be a logistical solution because of the poor road conditions. The urban area is prone to flooding especially when high tide causes seawater to flow in and overflow to the land,” he said.
On the 2022 State Budget, he said many economists argue that it is actually more fiscally responsible to present a deficit budget after Covid-19.
“It is suggested that it may be more important for the government to increase spending than to reduce or cut the budget. This budget is set just to look good and feel good rather than realistic,” he said.
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