FACED with criticism for failing to fully prevent a high-rise development project at Taman Rimba Kiara, Federal Territories Minister Khalid Samad has defended himself, saying it was “easy for laymen to talk” without bearing the consequences of contractual agreements.

In a lengthy statement laced with sarcasm, Khalid said it was a myth that a new government need not honour commitments made by the previous government.

He said he had been advised not to allow projects approved by the previous government to proceed even if the contracts had been signed.

“How I wish I could be so carefree, uncaring about the consequences. It is so much easier when talking as a layman,” the minister said.

He also said it was a myth that contracts, if done by a kleptocratic government, could be automatically null and void.

“If a new government was to do that, especially in cases wherein agreements are signed and sealed and worse, projects already underway, it would be sued by the aggrieved party and would have to pay compensation and damages.

“The best a new government can do is to renegotiate the contracts and with the agreement of the other party or parties, come to a compromise; this compromise being intended to minimise the ‘damage’.

“To some, ‘compromise’ is a dirty word. I sympathise with them. They must find it hard living in the real world,” he said.

Khalid said he had also given time to those against certain projects to prove their illegality but stressed that only a court could declare the illegality of a project.

“Like it or not, it has to be declared illegal by a court of law. The fact that one is convinced something is illegal doesn’t make it so.”

Khalid did not specifically state who he was responding to, but in recent days he has come under fire for stating that Kuala Lumpur City Hall would have to fork out RM150 million if the project at Taman Rimba Kiara was not allowed to continue.

Lawyers Ambiga Sreenevasan and Derek Fernandez has said that the contract “tainted with illegality” can be cancelled and terminated without having to take into account its binding terms.  

Anti-graft group Centre to Combat Corruption and Collusion also said it had found irregularities and conflicts of interest in the project’s approval, and submitted these to the Malaysian Anti-Corruption Commission.

The redevelopment of Taman Rimba Kiara, approved by former federal territories minister Tengku Adnan Tengku Mansor, would involve the construction of 350 units of affordable houses for Bukit Kiara longhouse residents, and eight blocks of 50-storey high-end condominiums.

In his statement, he again defended the RM150 million figure, saying it was based on the list of expenses provided by the developer. But he stressed that it was still for the courts to decide the exact amount.

Khalid also fended off criticism that he was using the longhouse residents as an excuse.

He said if the project was completely stopped, the government would not only have to pay whatever the court decided, but extra to ensure the residents had new houses.

Khalid has defended a scaled down version of the redevelopment which would leave 17 acres of the original 25-acre park untouched.

He said the 17 acres of park would be more than what many other areas have.

“So is it fair to paint a picture of an end to nature’s assets as we have known it if the scaled-down version is approved?” he said. – March 28, 2019.