Saturday, 23 February 2013

High Court disallows Sepang Municipal Council to remove AES cameras

The High Court ruled that the Sepang Municipal Council has no jurisdiction to issue notices to Beta Tegap Sdn Bhd to remove Automated Enforcement System (AES) cameras and poles.

In making the decision, Justice Datuk Zaleha Yusuf allowed Beta Tegap to instal cameras at the North-South Expressway (NSE) and the South Klang Valley Expressway (SKVE).

She said the two highways came under the jurisdiction of the Federal government and not the state government.

On Dec 19 last year, the High Court allowed Beta Tegap's application for a judicial review to challenge the council's decision which was filed on Dec 12.

In the application, Beta Tegap claimed that the council, through a letter dated Nov 19, 2012, decided that the company had to seek permission in order to set up AES camera poles at Km301.7 of the NSE and Km6.6 of the SKVE, both in Dengkil, Sepang.

Justice Zaleha did not fix any cost as it involved public interest.

"My opinion (is) that (the) spot where those AES structures are located are within federal road and does not fall within the jurisdiction of the council.

"Hence the application is allowed (and) as this is a matter of public interest I make no order as to cost.

"Local government does not have two different definitions of the same word in carrying out its daily function.

"Section 3 of Federal Roads Act 1959 (Act 376) provides inter alia that the minister may, upon consultation with the government of the state, consent by oral declaration any road in any state to be federal.

"The state government is under a constitutional obligation to ensure compliance and not to impede or prejudice the exercise of the executive authority of the federation," she said.

Meanwhile, the Transport Ministry has welcomed the decision.

"We respect the High Court's decision and the country's laws. We hope that parties will abide by the decision," said its minister Datuk Seri Kong Cho Ha at press conference here Thursday.

Kong also urged the Opposition to stop politicising the issue as it involved the safety and the lives of road users.


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