(Melaka, Wednesday) : DAP is shocked at the remarks by Melaka State EXCO member Koh Nai Kwong that they will disregard the law and use political means as politics is more effective and superior to law in resolving the problems faced by pig farmers in Melaka. How can a lawyer say that political means is more effective than the law when any civilized nation is governed by laws and proven by history to be successful only when conditions of rule of law exist?

Koh had explained that he had not mentioned the principles of compensation in land acquisition as outlined in Section 3A Schedule One of the 1960 Land Acquisition Act because he did not want this to widely publicized and be detrimental to pig farmers. This is ridiculous. Being ignorant and having no knowledge of laws like Section 3A does not mean that the problem will go away on its own.

Koh should know that ignorance is no excuse and not an acceptable defense in law. For example if a man commits murder, it is not a defense for him to say that he does not know that killing people is wrong and a criminal offence. Similarly keeping pig farmers in the dark about section 3A and instead telling them that they will get full compensation to cover their investment without any reference to section 3A is a dishonest act that misleads and gives a wrong impression to pig farmers.

The 25 pig farmers outside Paya Mengkuang had agreed to land acquisition on condition that full compensation as promised by MCA is made, including not only their land but also buildings and equipment. Compensation for land is only a small portion of their total investment in pig farming as the bulk of it is in buildings and equipment. How can MCA promised that they will get full compensation including buildings and equipment when Section 3A expressly stated that the value of buildings not in accordance with the land use shall be disregarded?

Many pig farmers had told me that they were not aware of Section 3A until DAP had highlighted and explained to them the legal impact. Political means can not over-ride and negate laws like Section 3A unless it is abolished in Parliament. After being caught by DAP for not explaining section 3A to pig farmers, MCA is now saying that we can disregard section 3A and use political channels.

This is wrong because every first year law student knows that so long as laws such as Section 3A of Schedule One of the Land Acquisition Act is not abolished, it will still have legal effect over Malaysia. MCA is wrong to tell the pig farmers that they can get full compensation under the Land Acquisition Act as the will only be paid for their land. The only way for pig farmers to get full compensation is not through the Land Acquisition Act.

To get full compensation, pig farmers can not afford to behave irresponsibly like MCA in ignoring section 3A but understand the legal implications by demanding that MCA and the state government gives a black and white commitment to give a special allocation separate from the Land Acquisition Act to pay for the buildings and equipment. Unfortunately, two MCA EXCO members had refused to give such written commitment.

If both Koh Nai Kwong and Seah Kwi Tong believes in political solutions they must explain why they dare not use political means to insist that Melaka Chief Minister Datuk Mohd Ali Rustam respect and comply with Cabinet and Deputy Prime Minister Najib Tun Razak’s directive that there shall be no massive pig culling exercise and that pigs can continue to be reared if they comply with environmental standards. Despite Najib announcing this in Sin Chew Jit Poh on 16.9.2007, none of the two EXCO members dare raise this in the State EXCO meetings.

Instead both they and MCA Melaka have worked hand-in-hand in full collaboration and support of Ali Rustam’s ultimate objective of closing down pig farms in and outside Paya Mengkuang to reduce pig production to 48,000 from the present 145,241 pigs. That is why MCA is NOT talking about allowing pig farms that are clean to continue rearing pigs but complying with Ali Rustam’s ultimate objective to see how many pig farms can be closed and 97,241 pigs can be culled in a period of only one month.

DAP express disgust that all the successful efforts by the pig farmers and residents on 4 September 2007 in preventing 2,000 government personnel including FRY, water cannons and helicopters, from culling one single pig has been undone by the so-called “consultative mechanism” of MCA.. Without Ali Rustam needing to send a single government official into Paya Mengkuang, MCA has been able to do what Ali could not do on 4 September that is close down pig farms and reduce pig production. Such loyalty and successful efforts by MCA on behalf of UMNO is the reason why UMNO loves MCA so much.

As for the 8 pig farms in Paya Mengkuang that has been ordered by the Veterinary Department to close down within 7 days by 1 October 2007, DAP will be preparing a memorandum to be presented to the Agriculture Ministry in Putra Jaya in the next one or two days that the Ministry direct the Melaka Veterinary Department to withdraw this unfair and unreasonable closure notice.

At a meeting with pig farmers from both in and outside Paya Mengkuang at the Paya Mengkuang association office yesterday, the pig farmers unanimously passed the following resolutions:

1.      Demand that the Melaka State government respect Najib announcement that cabinet does not approve the massive culling exercise and the pig farmers who are clean and comply with environmental standards will be permitted to rear pigs.

2.      That the land acquisition and reduction in pig production to 48,000 pigs is equivalent to closure of pig farms in Melaka.

3.      Oppose the forced closure of 25 pig farms outside Paya Mengkuang by the 4 October 2007 according to the formula of 5 pig farms in 21 September, another 5 pig farms in 30 September, finally the 15 pig farms by 4 October 2007 is unreasonable and unfair . It was agreed to without the consent of the pig farmers.

4.      Resolve to resolutely defend their pig farms from unfair closure done without any prior consultation and when many of these farms are clean and comply with environmental standards.

5.      Express support solidarity for the Secretary of the Pig Farmers Association Paya Mengkuang Tan Lee Zhu for being forcedly accused by 3 pig farmers that they were misled by her to lodge police report against MCA when they had in fact voluntarily lodged this police report against MCA on their own.

Until now, the pig farms said that police report against MCA still being lodged.