The Penang Island City Council has swept my freedom-of-information applications, made months ago, under the carpet. Is it authorised to do so under the law?
Penang prides itself at having a Freedom of Information (FoI) Enactment and a competent, accountable and transparent (“CAT”) administration.
Why then has the city council swept under the carpet my freedom-of-information applications for information and even the mayor seems unable to do anything?
On 12 March, I applied to obtain the traffic impact assessment for a 28-storey block in the residential community of three tamans (residential areas) – Taman Desa Jelita, Kayu Manis and Sunway Cassia in Permatang Damar Laut.
Two months later, I was informed that the impact assessment was under the Engineering Department and my application would be forwarded to it. Over six months after applying, I have not heard anything further about my application.
On 31 May, I applied for some specific information regarding the approval of the same 28-storey block on Lot 1411, Mukim 12, Daerah Barat Daya.
It has been almost four months and still no word.
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The officer in charge of freedom-of-information applications has not been replying to my WhatsApp messages.
So on 22 July, I wrote to the mayor.
Not getting any response, I filed a complaint with the Public Complaints Bureau on 4 August, which the bureau forwarded to the city council the same day.
The city council appears to have even snubbed the bureau. It has not responded to the bureau till today (1 October).
The 28-storey block is located in a cul-de-sac and will be served by a long dead-end road that is used by all the residents of the three tamans, which are in a bigger cul-de-sac. There is no alternative road to access these tamans.
An official I met told me that a statement in the traffic impact assessment says that the local authority “should consider widening the road”. In my freedom-of-information application, I asked the city council to provide a plan of the road showing which parts of it can be widened and by how many feet.
The long dead-end road – made up of (1) Jalan Kekabu, (2) Jalan Kekabu 1, (3) Jalan Kekabu 2 and (4) Jalan Kekabu 5 – has no road reserve.
Pedestrian safety on these roads is another concern as some parts have no walkway and the very narrow ‘walkway’ in some other parts is not suitable for walking.
So pedestrians have to walk on the road used by motorised traffic.
Is such information ‘secret’ and can it not be given to the public?
According to the FoI Enactment, it is mandatory to provide the information requested within 14 working days or to inform the applicant the reason(s) why it cannot be given. There is no third option, ie to throw the application under the carpet.
So why has the city council thrown my applications under the carpet in total disregard of the law? By doing so, the city council is saying it is above the FoI Enactment. Is it?
If the city council is not above the FOI Enactment, will the mayor take disciplinary action against the officer(s) who have allegedly thrown my applications under the carpet? They cannot make a mockery of the law.
And will I get the information I applied for? If not, why not?
Background
The traffic impact assessment consultant’s statement in his report – that “the local authority should consider widening the road” – refers to the road in red (see site map at the top).
It is a dead-end road and serves as the only access to Taman Desa Jelita, Desa Kayu Manis and Sunway Cassia. It is made up of (1) Jalan Kekabu, (2) Jalan Kekabu 1, (3) Jalan Kekabu 2 and (4) Jalan Kekabu 5.
The 28-storey block on Lot 1411 (484 housing units) will be using this road as well.
For about three years of construction work on the 28-storey block, the developer’s heavy vehicles will be making numerous trips in and out daily.
All the roads within the three tamans (in orange) are connected to the only access road, and cars are parked on both sides 24 hours of the day.
In my freedom-of-information application, I asked which parts of the road (in red) can be widened and by how much? Is that confidential information that cannot be divulged to the public?
Note: On the day after this article was published, catching the notice of officers in the Penang Island City Council, the writer Ravinder received a couple of rejection letters to his two freedom-of-information applications.
Among the reasons for the rejections? He was not one of the “pembantah rasmi” (official objectors to the development), his premises were not along the access road to the development site, and “Lot 1411 tidak terlibat dengan linkungan semula”.
But this does not make sense as anyone should be entitled to make a request.
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