More than legal issue

THE hot story about an Assemblyman who is also a municipal councillor would be very much simpler if it is all about a legal issue. But clearly, it is not. There are moral questions. And political consequences. Which is why it is likely that the whole controversy is going to become more complex even after the legal point has been well and truly settled.

He is said to be building a luxurious bungalow without proper approval under the local authority’s building and planning regulations. What makes it appear to be even more scandalous is that the bungalow, which is now nearing completion, is sticking out like a sore thumb in the midst of humble homes of the working class in the Kampung — very much a scene like a palace in a kingdom. As if that is not enough, he has been put in another tangle by his detractors who question the fact that he has two close members of his family alongside him as councillors in the Municipal Council, an important policy-making body at the local level — his son and daughter-in-law.

The legal questions are rather straightforward: One, was the house built unlawfully, without proper permission from the local authority? There’s no straight answer yet for the first since the Menteri Besar has not yet received a report on the status of the bungalow project. But in all probability, it will end well for the second-term assemblyman. Chances are he would be cleared of wrongdoing and claims that he did not seek planning permission from the Municipal Council to build his mansion would eventually be found to be baseless as "he had indeed followed regulations" in submitting plans to build the big house in the modest kampung.Or he would be found to have indeed flouted building regulations. And then fined. End of story.

And two, can three members of a family be in the same lawmaking and permit-granting local government council all at the same time? The argument would be so what if he, his son and daughter-in-law are members of the Municipal Council because there’s no law that says otherwise. Furthermore, they are all in the council by virtue of their positions in Umno — his son is a division chairman and the acting head of division Umno Youth while his daughter-in-law is division Puteri Umno chief.

On top of it, there has even been a precedent in the State about several members of the same family being members of the same local government council.But this, as everyone knows, only addresses the legal question — the black-and-white world of permissible rights and rules according to the gazetted process. The reality, however, is much more than that. And more powerful. This is because of the perception that the big house and the nepotistic tendency of the council is a normal thing.

He may be able to legitimately afford 10 of such houses and he can have no problems getting approval for each and every one of them. But that is not the issue because ultimately it speaks volumes about integrity, values and moral standards. Similarly is the position of him and his family members in the council no matter how impartial and open they promise to be. Consequently too, this is where the political cost and liability come in, in this case for his party, Umno.