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Chronicle of Sabindo open space August 3, 2007

Posted by wong jimmy in Open Space.
The controversial Sabindo commercial shoplots saga
August 27, 2005 Tawau’s plan to develop open-space hits snag after the local community here had voiced their disagreement and plan to rescue the few remaining open spaces that had been approved for developments of shoplots.
Local Government Minister Datuk Hajiji Hj. Noor said he would discuss with the Attorney General regarding the five open spaces sites in the municipality here after the matter was brought to his attention.
September 11, 2005 about 6,800 signed against project. SAPP, MIC and Natural Justice Group joint hands to protest against the development of a shophouse on an open space that is used for car parking bays in Sabindo. The project development on the open space also know as ‘Dataran’ had received objection from the community here who wants the open space for recreation and parking.
September 13, 2005 the cabinet halted the project.
September 14, 2005 the work on open space still on, CM’s directive to stop ignored.
September 14, 2005 Tawau Members of Parliament Shim Paw Fatt hope the decision made in the cabinet led by the Chief Minister on the open space issue here would be in favour of the Tawau community who are against the project.
September 15, 2005 NJG urge gov to implement directive and gazette open space and green lung. Natural Justice Group (NJG) urged the Government to check whether the directive released a few years back to identify and gazette open space and green lungs in the state had been implemented. NJG Chairman Jimmy Wong said the government had announced its seriousness in preserving open space and green lungs, but questioned whether it had been done.
September 17, 2005 Natural Justice Group (NJG) was surprised that the work on the controversial project on the Sabindo open space is still on despite an announcement by the Local Government and Housing Ministry to halt. NJG Chairman Jimmy Wong said the developer had ignored the directive and work is still on yesterday.
September 20, 2005 TMC to make police report if developer does not stop. Tawau Municipal Council (TMC) will file a police report if the developer and its contractor failed to adhere to the halt order passed by the State cabinet recently to stop construction work on the controversial RM22 million of two blocks of building on an open space at Dunlop Road. The construction at the site for 22 shoplots was still on yesterday when TMC’s President Tn Hj Salsidu Ibrahim went to inspect at about 11am. Salsidu together with other TMC’s staffs went to the project site dubbed ‘project dataran’ and ‘project open space’ by the locals here to order the contractor to immediately stop work. Salsidu when met by reporters at the site said he is carrying out the cabinet decision to stop the project pending investigation.
October 22, 2005 the State government will leave ‘no stones unturned’ and is waiting for the investigation report regarding the ‘controversial’ Sabindo project before it is re-open to the public for car parking. State Secretary Datuk K.Y. Mustafa said the government will investigate the issue thoroughly because it has to consider many aspects and proposal by various quarters.
October 24, 2005 developer resume work at controversial Sabindo open space. The developer Jeramas Sdn Bhd instructed its contractor to resume work at the halted project in Sabindo open space after the developer did not received any replies from the ministry and local authority. Its managing Director Haji Tahir Mohammad Yahya who was at the site ordered the contractor to resume the piling works as they are already behind schedule.
October 25, 2005 Natural Justice Group (NJG) urged the State government to apply for a court injunction against Jeramas Sdn Bhd after the developer resumed work at the halted project in Sabindo open space despite the government order to stop.
October 27, 2005 Action against Tawau Municipal Council (TMC) for failure to take action against the developer on an open space in Sabindo. The ‘letter before action’ was delivered by Shim , Pang & Co who acted for Rev. James Wong and instructed TMC to take immediate steps to stop works and order the developer to remove all plants and equipments from the site within seven days or legal proceedings will be taken.
November 21, 2005 Sabindo developer told to respect government decision and stop.Local Government and Housing Minister Datuk Hajiji Noor advised the Sabindo open-space developer to stop work and not to make things complicated as the ‘case’ is being handle by the Attorney General (AG).
November 23, 2005 vocal activist Jimmy Wong and the controversial Sabindo project contractor had a brief fight inside the site with both sustaining minor injuries.
November 24, 2005 a statement made by Mr Alex Kong, the Managing Director of the Joint Venture Developer – Aggasf Construction Sdn Bhd and Sub-Contractor for Jeramas Sdn Bhd. It stated it is the contention of the workers on the site that Jimmy Wong had provoked the workers whilst they were carrying out piling work in relation to the project.
December 3, 2005 Natural Justice Group (NJG) sent a memorandum of petition from the people of Tawau to the Prime Minister Datuk Seri Abdullah Ahmad Badawi to plea for reverse and to stop the unscrupulous trend of development in the town.
December 6, 2005 an amicable settlement should be worked out regarding the halted Sabindo project, as the reputation of the State Government and local authorities are at stake. Consumers Association of Sabah and Labuan (CASH) President Datuk Patrick Sindu who came to Tawau to see and find out on the situation of the Bandar Sabindo project after being approached by some purchasers who are facing dilemma after the project was halted said the government and local authorities reputation are at stake if the problem is not solved soon.
December 8 CASH not very clear on the Sabindo project issue. SAPP’s Tawau Division Secretary Kenneth Goh said he appreciated Consumers Association Sabah and Labuan (CASH) President Datuk Patrick Sindu’s win-win proposal on the Sabindo project, however CASH was not very clear of the issue.
December 14, 2005 ten residents successfully filed their suit in the Tawau High Court against Tawau Municipal Council (TMC) and the developers (Jerama Sdn Bhd and Aggasf Construction Sdn Bhd) of the controversial developments on the five pieces of public open spaces in Bandar Sabindo. The hearing fixed for January 16, 2006.
December 16, 2005 Jeramas Sdn Bhd and Aggasf Construction Sdn Bhd were named as the 1st defendant while Tawau Municipal Council (TMC) the 2nd defendant in two writs of Summons served to the defendants by representatives of the ten plaintiffs.
March 1, 2006 case dismissed with cost by High Court judge Datuk Nurchaya on ground they had no locus standi
March 6, 2006 appeal against the Tawau high court decision
November 3, 2006 Resolutions passed to defend Tawau open space. Five resolutions were unanimously passed by participants in the forum on Defend Open Space at the Democratic Action Party (DAP) meet the people session and dialogue. A committee comprising of 12-members was formed after all the five resolutions were passed.
November 8, 2006 The developer of the Sabindo development said opposition leader Lim Kit Siang was obviously not well informed when he complained of the open space or the people around him when he was in Tawau did not tell him the truth.
June 25, 2007 – the ten plaintiffs had their locus standi granted by the court of appeal in Kota Kinabalu.

July 17, 2007 – (Original Owner) Sabindo Nusantara Sdn Bhd presented writ against the Tawau Municipal Council (TMC), Aggasf Construction Sdn Bhd, Jeramas Sdn Bhd and K.K Land Sdn Bhd on the commercial developments at the Sabindo open space. Sept 11, 2007 – The 10 plaintiffs supported the candlelight and lantern night gathering conducted by the Natural Justice Group (NJG) to mark the 2nd anniversary of the controversial Sabindo open space on Sept 13, 2007. Nov 5, 2007 – Judicial Commissioner, Justice Yew Jen Kie granted plaintiffs an injuction against developer. The written judgement was delivered on behalf by Sabah, Sarawak, Tawau Senior Court Registra Melissa Chia Pui Fung. The date for mention had been fixed on Nov 23, 2007 and the trial date had been brought forward from Jan 22, 2008 to Dec 17-19, 2007.



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