Take no part in the worthless deeds of evil and darkness; instead, expose them.
– Ephesians 5:11
This country is good at enacting and implementing laws, but regrettably enforcement leaves much to be desired, especially when it comes to certain agencies which lack the clout or turn a blind eye for reasons best known to them; of course corruption comes into the picture. And can we blame the rakyat for coming to this conclusion?
My topic today is on the lack of enforcement by agencies and their officers tasked with carrying out their duties. I will concentrate on cases in Malaya as I have lived there long enough to write about the goings-on in the peninsula. But that doesn’t mean our state is squeaky clean. Just that the situation here has not reached a critical stage as in the other part of Malaysia across the South China Sea. I will leave Sarawak for another day.
Implementation is the process of putting laws and regulations into practice, involving the execution of policies and actions that are necessary to fulfil the objectives of the laws. It includes coming up with guidelines, allocating resources and creating mechanisms for monitoring to support compliance with the law.
And what is enforcement? It refers to the process of ensuring compliance with laws and regulations through monitoring, investigations, and the application of penalties or sanctions for non-compliance.
According to Amarjeet Singh Panghal, freelance legal cum development consultant, “effective implementation supports the enforcement process by creating a conducive environment for compliance, while enforcement plays a crucial role in deterring violations and maintaining the integrity of the legal framework. Both aspects are necessary for the effective application of laws and regulations”.
I will highlight the lack of enforcement by several agencies with regard to foreigners carrying out illegal trade in Brickfields, an administrative zone in Kuala Lumpur. It is home to Little India, with textile shops and jewellery stores, as well as restaurants serving mouth-watering thosai (Indian pancake) and banana-leaf meals.
I am a regular at several restaurants there. Believe me, no place in Kuala Lumpur offers better Indian meals than Brickfields!
Let’s come to the point. There are so many foreigners, especially on social visit passes, doing illegal businesses in Brickfields. These visitors – from Punjab, Pakistan, Bangladesh and South India – monopolise food businesses without valid licences and trade permits.
Despite numerous appeals to the government by local traders to act against the influx of these orang luar (foreigners), the relevant agencies appear to be turning a blind eye! These foreigners daringly place tables on five-foot ways and selling Indian titbits, cakes and sweetmeats. But when locals attempt to emulate the foreigners, Kuala Lumpur City Hall (DBKL) will zoom in on them and confiscate their goods.
DBKL has come under fire for not being consistent in its enforcement against the illegal traders. It is claimed that illegal traders and food truck operators have increased, causing the situation to get out of hand. Besides occupying five-foot ways, these foreigners also trade at traffic light junctions while food trucks occupy parking bays.
Said a disappointed Datuk Dr Kalai Vanar, president of Nambikai Malaysia, an NGO: “It’s quite rampant to come across many victors entering the country on a visitor’s pass and illegally doing business here. They do business without a licence and have an agent to protect them.
“But when locals see the foreigners and start doing business, DBKL will take action and confiscate their goods and trucks. It happened to a woman where her truck was seized.”
Why the double standards? Are some people paying to be let off? These illegal traders are threatening the economy and social positions of the country. It is a known fact that they remit their earnings to their countries of origin.
I talked to one local trader selling Indian titbits who claim there are about 200 foreign traders doing business without business permits in Brickfields. Locals claim they have complained to the authorities but action seems to be rare.
Recently, I witnessed several DBKL personnel taking action against illegally parked vehicles among the road in Brickfields but when one local trader pointed it out to them that they should give priority to action against the illegal traders, the City Hall fellas just moved on.
Are they acting on instructions from higher-ups? It’s about time MACC came down hard on these officers and their bosses.
I understand the locals are also to blame for the illegal traders problem. Apparently, some local citizens rent out their trading licences to these foreigners for a hefty sum. DBKL should look into this issue and take immediate action by revoking the licences of these locals. Otherwise, there will be no end to the problem of illegal Pakistanis, Bangladeshis, Punjabis and South Indians operating illegally in Brickfields.
The immigration authorities also need to buck up and take action. Under Regulation 39(b) Immigration Regulations 1963, anyone who fails to comply with any condition imposed in the visitor’s pass is liable to imprisonment not exceeding six months or to a fine not exceeding RM1,000 or both upon conviction.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.
