KUALA LUMPUR, Dec 23 ― Private contractor Beta Tegap Sdn Bhd should sue Putrajaya instead of seeking a judicial review of the Sepang Municipal Council’s (MPS) order to dismantle two speed-trap cameras installed in its area under the controversial Automated Enforcement System (AES), opposition MPs said.
Lawmakers from Pakatan Rakyat (PR) pointed out that local government bodies have jurisdiction to approve or reject the installations although the AES is being undertaken by the federal government.
“Part of the legal issues that is unsettled, this AES did not get approval from the local government ... when it is installed without the blessing (of local government) ... this is against the existing laws,” PKR vice-president Chua Tian Chang told The Malaysian Insider.
“That’s why I say they gone to the wrong place. They can go to central government and claim they were misled by central government that everything has been cleared and that’s why they go and pasang (install).
“Now the whole thing has to be dismantled, all the costs incurred, it’s not from us. They should ask the one who awarded the contract,” the Batu MP added.
PKR treasurer William Leong agreed, saying that Beta Tegap needed to get the local council’s approval first as state roads fall within the state’s jurisdiction.
“Yes, because that is PBT area. Everything you need to do, you need the PBT approval... This is PBT’s jurisdiction,” the Selayang MP said, using the acronym for local town councils, which in Bahasa Malaysia stands for Pihak Berkuasa Tempatan.
PAS MP Khalid Samad agreed with Leong, saying that only the local council has the power to approve the installation of AES cameras.
“Maybe they are confused from the legal viewpoint, maybe (they) think that the installation of AES cameras in those highways is under the jurisdiction of the central government.
“Actually all installation plans should be done only with the PBT’s approval, that is MPS.
“This Beta Tegap already (took) the wrong procedure and now is blaming others,” the Shah Alam MP said, agreeing that any court action by the company should be against the federal government instead of the local council.
When asked to comment on Beta Tegap’s court case against MPS, the DAP’s Liew Chin Tong said that the Transport Ministry should be the rightful authority to take action, if any.
“I suggest that Beta Tegap consults the AG’s chamber before going to court. The whole affair is ridiculous. Who is Beta Tegap? It is just a contractor/concessionaires acting on the behalf of the Transport Ministry. It derives its authority from the Transport Ministry.