Consumers’ Association of Penang (CAP) president SM Mohamed Idris said he felt “concerned and troubled” with the general structure of the corporation as its independence was suspect.
In a statement today, he called for public consultation on the recently passed laws governing the setting up of the corporation and to amend the legislation if needed as it might result in abuse of power and political manipulation.
Last month, the Penang state assembly passed a bill to allow the Penang Botanic Gardens to be managed through a state corporation rather than the present state statutory body.
The bill’s backers said the new laws would provide for better talent retention as the state statutory body’s human resources policies fall back on the federal-controlled Public Service Department.
In a long list of red marks for the state law governing the corporation, Idris said the cracks seemed to begin from the corporation’s board membership.
He said ex-officio and political appointees will form the majority of the 26-member board while only two members will be experts in the area of botany or horticulture.
He said, ideally, the corporation’s top management should remain free from politicians so that it remained “autonomous” in the interest of preserving the existing nature and character of the green lung.
CM gets too much power
Idris said the corporation should be chaired by a resident of Penang with a stellar record in public service and who had worked for the protection of the environment instead of career politicians.
He said under the laws of the corporation, the chairman would have the last say in every matter concerning the gardens, which would impede the autonomy of the board.
Idris said by right, the general manager should be accountable to the members of the board, not the chairman.
Under the state law, the chairman is the present-day Penang chief minister.
“According to Section 15(3) (of the State Parks (Botanic) Law 2017), the general manager, who is responsible for the preparation and execution of all programmes or projects, is only responsible to the chairman of the corporation, who as the law stands, is the chief minister.
“This provision gives the CM overwhelming powers and is not good governance.
“The general manager (of the corporation) should be accountable to the members of the corporation and not to a single person,” Idris said.
Cable car project
Idris said the Penang Botanic Gardens should not be commercialised as studies from other countries had shown the negative impact of tourism on parks.
“Parks should be places for our people and guests to enjoy nature and to acquire knowledge of plants, animals and microorganisms, and to preserve our rich biodiversity, and not for tourist dollars.”
Idris said the rumoured cable car project from the Penang Botanic Gardens was also worrying as it would destroy the environment there.
“We gravely fear that the intention of such provisions is to allow for the building of a cable car station in the Penang Botanic Gardens that will connect to Penang Hill.
“CAP is completely opposed to this plan, as the cable car project will cause very serious environmental and social impact, both to the Penang Botanic Gardens as well as to Penang Hill.
Cap allowances at RM500
On another matter, Idris reminded the Penang government not to follow the common practice of putting party supporters on boards of government-linked companies (GLCs).
He said some had been handsomely paid as board members despite earning a substantial income from their own professions or businesses.
“It has become a practice in Malaysia to appoint candidates who lost in elections, party supporters and donors to the boards (of GLCs).
“We need to put an end to this practice of cronyism and encourage volunteerism.
“The members can be paid an allowance of not more than RM500 for attending meetings,” Idris said.
He also raised concerns over a provision in the state law which allowed the authorities to revoke or alter the reservation of an area as a state park.
“We have cases in Malaysia where protected forests have been converted for buildings to be built without the public being aware of it. We need to prevent such abuses.
“The section should be amended to include public consultation before revocation of the status.”
Idris also said another “dangerous provision” allowing the corporation to build and maintain roads would result in the Penang Botanic Gardens suffering the same fate as the Lake Gardens in Kuala Lumpur.
“Up till the 1960s, the Lake Gardens was a beautiful green park with many trees and a quiet environment for people to relax and enjoy nature.
“Many families, which did not patronise exclusive private clubs, spent hours during the holidays with their children there.
“Today, it has been turned into a noisy string of highways. Having destroyed a valuable natural heritage, the authorities are now going to spend hundreds of millions to develop a park there,” he said.