Malaysia

KL Mayor’s Office challenges Court of Appeal’s Taman Rimba Kiara ruling

Affidavit to Federal Court adamant there was no conflict of interest in planned land development

Updated 5 years ago · Published on 01 Mar 2021 9:00AM

KL Mayor’s Office challenges Court of Appeal’s Taman Rimba Kiara ruling
The Kuala Lumpur Mayor’s office says former KL Mayor Tan Sri Mohd Amin Nordin Aziz was not involved in decision-making for the proposed development of Taman Rimba Kiara. – Facebook pic, March 1, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – The Kuala Lumpur Mayor’s office says that it did not have a pecuniary interest when a development order slated at Taman Rimba Kiara was made, in an affidavit challenging the Court of Appeal’s decision at the Federal Court.

Last month, the Court of Appeal declared that the Kuala Lumpur mayor had a conflict of interest when that order was made.

Pecuniary interest means the opportunity, directly or indirectly, to profit or share in any profit derived from a transaction in the subject securities.

When the Court of Appeal decided on the case last month, the bench took into account the fact that Yayasan Wilayah Persekutuan (YWP) owned the land that was destined to be developed into Taman Rimba Kiara.

However, the development order and planning permission was issued by Kuala Lumpur City Hall (DBKL), the local authority headed by the KL mayor.

The issue surfaced because the KL mayor was also a member of the board of trustees at YWP, which was vital in influencing the Court of Appeal’s decision.

The affidavit, sworn by Kuala Lumpur City Hall Legal and Prosecution Department deputy director Izmah Nor Idris, said there were many cases where planning committees made decisions that affected the interests of the local authority.

It also stated that there would be instances where the land may be owned by DBKL itself. 

The fact that the land (PT 9244) was not owned by the KL mayor, but YWP, was clarified in their application to the Federal Court.

“Taking into account the fact that there might be conflict as (former KL mayor) Tan Sri Mohd Amin Nordin Aziz was one of the board of trustees of YWP, he was not involved in the decision-making process to grant planning permission to Memang Perkasa Sdn Bhd,” the affidavit read.

It was also highlighted that YWP is an organisation that generates and manages funds in order to be able to contribute and improve the living standards of underprivileged citizens in the Federal Territories.

“At that material time, Amin was a member of the board of directors of YWP by virtue of his post. 

“The applicant has no pecuniary interest in the proposed development.

“It is even more crucial when the meetings held to consider the application for planning permission were not even chaired by Amin, but an officer of the Kuala Lumpur mayor,” the affidavit explained. – The Vibes, March 1, 2021

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