Press Statement By Penang Chief Minister Lim Guan Eng In Komtar, George Town On 5.3.2017.
Abdul Rahman Dahlan Should Not Appeal But Accept The Kuala Lumpur High Court Decision With An Open Heart To Allow The House Buyers To Reclaim Their Rights And Entitlement To Full Compensation From The Housing Developer For Compensation For Late Delivery.
Datuk Seri Abdul Rahman Dahlan should not run away from explaining why the Kuala Lumpur High Court ruled that he abused his powers in favour of housing developers over house buyers, by using a false analogy that the Penang State Government also grants extension of time for our own contracts. Abdul Rahman was the Minister of Housing who had granted a 12-month extension to a developer to complete the project, thereby allowing the developer to record huge savings and purchasers to lose out on their claims of liquidated damages for late delivery.
Abdul Rahman had entertained the appeal of one housing developer caring only for their interests, without taking into account the interests of 104 purchasers, clearly showing that he is the Minister of Housing Developers rather than Minister of Housing. Did Abdul Rahman consult with the 104 housing purchasers before “robbing” them of their rights and entitlement to compensation with a stroke of a pen?
Abdul Rahman tried to wriggle out of being exposed as Minister for Housing Developers by equating his abuse of power (as ruled by the KL High Court) with the Penang Development Corporation (a state agency), granting extension of time to contractors. His argument is, if PDC can grant extension of time, why can’t he do the same? This is a false analogy. If a brother is bad, it does not mean that the sister or other family member is also bad.
PDC granted extension of time because it is within PDC’s rights to do so as a party to the contract. Extension of time was granted only after discussions between PDC and the contractor. Even the Auditor-General had given PDC the “green card” of approval of the extension of time after hearing and accepting PDC’s explanations.
In the housing sale and purchase contract, the Minister is not a party to the contract but an outside third party, who had no relationship with the sale and purchase contract signed between the purchasers and housing developer. The Minister had chosen to interfere in a private contractual agreement to side the single housing developer against 104 house buyers. In his case, the KL High Court had ruled that Abdul Rahman Dahlan had abused his powers.
At the very least, Abdul Rahman should have tried to gain the consent from the two parties in the contract, namely the housing developer and the house buyers. Instead he has chosen to blindly support the housing developer and continues to do so. He should have the courage to face 104 housebuyers and explain why he is appealing against the KL High Court decision.
Should he dare not do so or fail to convince the house buyers why he is right, then he should withdraw the appeal and accept the KL High Court decision with an open heart to allow the house buyers to reclaim their rights and entitlement to full compensation from the housing developer for compensation for late delivery.
LIM GUAN ENG
——Mandarin Version —
拿督斯里阿都拉曼不应该逃避解释，为什么吉隆坡高庭裁决他滥用权力，偏向房屋发展商而不是购屋者，而且他错误引用槟城为例子，指槟城政府也是在自己的合约上给予延期。阿都拉曼也是房屋部长，他批准了一家发展商的延迟交屋12个月，让发展商省下一大笔钱，购屋者却因此损失他们原本可以追讨的违约赔偿金。（ liquidated damages）