THE banner above welcomed me upon my return from a month-long overseas trip in 2017.

Apparently, within that one month, things were all organised, and they said MBPJ and PJ police had agreed to set up a guarded community in our corner of Kg Tunku, our home.

However, checks I carried out showed that this was not only a lie, but also, many preconditions of MBPJ’s policy for guarded communities had not been fulfilled.

Some of them are listed below, and I’ve framed this column from a policy perspective. When the idea was first formally mooted in 2015, a public meeting was called, and I put in writing why I would not attend.

Rule of law jungle

Malaysia is a constitutional democracy. The federal constitution says of itself that it is supreme. Even our Conference of Rulers was created and established by it. If the constitution is ignored, even that august body can be ignored. In fact, the original NSC Act deliberately ignored it, and the rulers publicly protested the matter.

Our rule of law principle means that a good governance system must have at least two classes of integrity:

1. Vertical integrity to establish and maintain the upward integrity of all subsidiary legislation to the various levels of institutional realities recognised in the constitution.

Whether state or local, laws and bylaws must be upwardly aligned with the implicit institutional hierarchies in the constitution.

2. Lateral integrity, or jurisdictional authority. The original NSC Act failed in this as the rulers were not consulted before the fact of law and were only advised after the law was almost promulgated. Their views were duly ignored, including those of the Agong. I believe the same is true of RUU 355-related amendments.

When there is any new government initiative or a fresh, innovative way of doing things, but it doesn’t agree with the above, the rule of law dictates that it cannot be right, true or good. Otherwise, it becomes rule by law, not rule of law. The letter and spirit of the law must both possess integrity, vertically and laterally.

Our illegally guarded community

The federal government has executive authority to set up a system of local governance that it deems good, right and consistent with the constitution. If the current system of guarded communities was set up by federal legislation under local governance jurisdiction and covers the whole of Malaysia, it will have lateral jurisdictional integrity. It can, and will, include Sabah and Sarawak.

My argument is that the current proposal in our corner of the world (which is only four out of 30 streets) in Kg Tunku, promoted by civil society group Katura, is illegal, and I have written to the mayor and copied my favourite MBPJ councillor. The mayor’s office has acknowledged receipt of my note of protest.

At the time this complaint is being written, it is day one of the new system being implemented, and by people who were neither elected nor representative of my thinking and being.

I pose the following questions to – and demand answers from – the mayor, MBPJ and local government minister before an untoward incident happens.

1. The security and sovereignty of all Malaysian citizens are federal matters under the constitution, so under what law has MBPJ undertaken to protect the rights and security of citizens, over the home minister? Are we serious about this promise?

2. How can any mayor declare Kg Tunku a security-threat area? Under what legal provisions are foreigners – aka Nepali guards – allowed to deny me, a citizen, unhindered access to my residence of 37 years?

3. What authority do they have to stop me in my country, in my residential area?

4. Under what kind of insurance are they covered if a non-local, licensed driver fatally hits them on our public roads? They are closing a major access road to our homes.

5. Will the third-party coverage of vehicles above 15 years old still protect the said cars if they are damaged or stolen? Who is legally responsible for such losses?

6. And finally, who will be held responsible for murder or manslaughter if these foreign workers are killed on their subcontracted job?

My only comment to my PTD colleagues and Old Putera mayor is, ignorance of the law is no excuse for poor governance.

Conclusion

Last April, as I was returning from a meeting, I was rudely stopped at the SS1/24 guardhouse and told to produce my MyKad if I were to be allowed to go to my own home.

I reprimanded the arrogant head guard and said he had no authority to request my MyKad as he was not a police officer with at least the rank of sergeant. Fortunately, he believed me and retreated, and I returned home with a vow to lodge a police report the following day.

The officer at the Sg Way station confirmed that I was right, and there was no error in my logic and interpretation of the law. A few weeks later, two neighbours asked for my help to solve the same issue. We initiated a meeting with the mayor to communicate the problem. The mayor, too, agreed that we were not wrong in our interpretation of the law.

Subsequently, we made an appointment to meet our assemblyman, and raised the same complaint. The rep promised to resolve the matter, and she did.

Since then, all Malaysian residents of Kg Tunku Phase 1 (some other areas do not have the same system) have not been harassed or hassled. The issue is settled, for now.

But given the backdoor government today, I am worried that such matters will be revived. My pet theory is that they are linked to an invisible hand coordinating and calling the shots within a deeply corrupted Home Ministry.

I also filed a formal complaint at the third hearing of the MBPJ draft structure plan, which must be approved by the state executive committee.

This note, therefore, is my public complaint and to record that the matter will be taken to court if not adequately addressed. – March 30, 2020.

* KJ John worked in public service for 32 years, retired, and started a civil group for which he is chairman of the board. He writes to inform and educate, arguing for integration with integrity in Malaysia. He believes such a transformation has to start with the mind before it sinks into the heart!

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.