The good people at Desa Seri Hartamas have many things going for them. Their houses are well built with spacious gardens and a central playground. This is enhanced by the housing estate sitting on a choice location.
A few years ago there were many burglaries and snatch thefts as the place was rather isolated then. The residents rallied around to combat this intrusion into their tranquillity and security. They hired private security guards to patrol their grounds.
They were among the first in the country to do so. Things were well again. Desa Seri Hartamas was an exemplary housing development and its value soared.
Employing security guards is perfectly legitimate so long as they know their limitations. But that does not seem to be the case here. Initially the security guards only patrolled the area which I believe is about all they can do under the law.
Employing security guards is perfectly legitimate so long as they know their limitations. But that does not seem to be the case here. Initially the security guards only patrolled the area which I believe is about all they can do under the law.
As time went on, however, they became bolder. There were many instances when they trailed visitors. This was later taken a notch up when they began to question people passing through, which one can only put down to the guards looking for something to do or to kill boredom.
On one occasion a guard actually asked me to move on when I had stopped to answer my cellphone.
Things took a turn for the worse when temporary barricades were placed on the roads leading into the area, narrowing it such that it became a problem entering and leaving.
Things took a turn for the worse when temporary barricades were placed on the roads leading into the area, narrowing it such that it became a problem entering and leaving.
These barricades were then extended completely across the roads during school hours, denying parents access through the area to the school nearby. Residents of this housing estate have taken the law into their own hands.
Recently, my daughter complained of a sore throat and as it was past nine in the evening, I decided to go to the pharmacy in Desa Seri Hartamas which opened until late.
Recently, my daughter complained of a sore throat and as it was past nine in the evening, I decided to go to the pharmacy in Desa Seri Hartamas which opened until late.
Well surprise! Desa Seri Hartamas has now become a gated housing estate. A metal barrier with the swing mechanism has been built. A guard at the barrier refused me entry as I had no resident's sticker.
While I was explaining to the guards that they had no authority to block a public road, a resident who was returning home, told me that I had no right of entry to "his" housing estate as I was not a resident.
While I was explaining to the guards that they had no authority to block a public road, a resident who was returning home, told me that I had no right of entry to "his" housing estate as I was not a resident.
Just like other housing estates, Desa Seri Hartamas is a public area that became so when City Hall took over the administration of the development. The streetlights, roads, grass verges, garbage disposal and sewerage are all managed by the local authority.
Being a public area, anyone has the right to visit, stay and drive through Desa Seri Hartamas. The attempt by the residents to make it their private enclave is illegal and a breach of the constitutional rights of other citizens.
Being a public area, anyone has the right to visit, stay and drive through Desa Seri Hartamas. The attempt by the residents to make it their private enclave is illegal and a breach of the constitutional rights of other citizens.
I sympathise with the residents that their area invites unnecessary visitors and traffic as the business centre next to them is today second to none in vibrancy.
The principle is, if you cannot accept it you have the option of moving out but not the option of keeping others out.
City Hall should not be lulled by the security argument in allowing residents to break the law nor condone it by turning a blind eye. This is a breach of city by-laws and the freedom of other Malaysians.
City Hall should not be lulled by the security argument in allowing residents to break the law nor condone it by turning a blind eye. This is a breach of city by-laws and the freedom of other Malaysians.
If this is not nipped in the bud, a whole movement to barricade themselves by other housing estates will ensue; it has been replicated in Medan Damansara nearby.
Next, these residents may decide that having come so far, they may as well go all the way and, start collecting toll to help pay the guards.
Since I live in a cul-de-sac, all I need is a single guard to start a similar operation. Where then will all this lead us to?
17/05/2004
The Star
By Egalite, Kuala Lumpur
17/05/2004
The Star
By Egalite, Kuala Lumpur
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If you are someone who are denied access to a (non-private /non-strata) residence whether to visit your family, friend or simply just going home... without producing your ID, you can lodge a complaint with MBSA and/or PDRM.
To complaint please click here below:
If you are being stopped by the guards and asked to produce your MyKad or Driver's License, you can lodge a complaint with MBSA and/or PDRM.
If you are a resident or someone who encounters problems with the security guards (or have been harassed from moving in and out freely) just because you don't subscribe to their scheme, you can lodge a complaint with the authorities.
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Question: Can security guards stop you and ask for ID (even just for checking/ taking down the details)?
*Pengawal keselamatan TIDAK BOLEH menghalang mana-mana kenderaan untuk keluar masuk, dan...
TIDAK DIBENARKAN memeriksa atau mengimbas sebarang dokumen pengenalan.
*Penghuni yang tidak menyertai skim serta orang awam tidak boleh dihalang sama sekali pada bila-bila masa.
*(Sumber: Garis Panduan Skim Komuniti Berpengawal MBSA; Terimakasih & Penghargaan kpd MBSA)So it is very clear here, that the security guards cannot block roads or vehicles from moving in and out.
Security guards are NOT allowed to scan or take a picture of any identification document (such as MyKad or Driver's License). This is also an offence reportable to the police (PDRM).
Non-paying residents cannot be stopped at all from entering their residence at all times.
The usage of automatic access card system is prohibited in all non-private residences.
Know your rights... and know the rights of others. Do not condone to wrong doings.
Know what the RA can and cannot do... please do not allow corrupt RAs break multiple laws and let them make the community pay for their illegitimate scheme.
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There is a lot of confusion when it comes to this "GnG" subject. This lack of clarity and knowledge by the communities have been used by unscrupulous RAs to bully its non-paying residents and the surrounding communities.
When we want to talk about this subject, we need to define first whether we are referring to a "formal GC scheme" or an "informal GC scheme"? They are both very different and should not be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities.
Due to the lack of understanding and awareness by the public, corrupt RAs have been taking advantage of the situation to coerce residents to sign up their bogus scheme by flouting the guidelines and breaking the laws.
All formal gated communities that are managed by Management Corporation (MC) or Joint Management Body (JMB), are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
So, security guards on duty in a formal gated community have the right to block roads and demand visitors for their MyKad or Driving License for identification. It is also legal for a formal gated community to implement access card system for its residents. As for visitors who want to enter, they have to give their MyKad or driving license to the security guard on duty so that he can record down the details in their log book. It is only right.
However "informal gated community" schemes that are operated by Residents Associations (RA) in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by RAs are against the laws and guidelines. Security guards in an "informal gated community" have no right to ask anyone for his/her MyKad or driving license even just for recording purposes. *[In the first place it is illegal for the RA to block any roads - Sek 80 Akta Pengangkutan Jalan 1987 (Akta 333) dan Sek 46 (1) Akta Jalan, Parit & Bangunan 1974].
Regulation 7 of the Peraturan-Peraturan Pendaftaran Kebangsaan 1990 clearly states that security guards (or any persons) are not allowed to conduct checks on your identity, let alone request for any kind of identification documents.
Regulation 7 also explicitly states that only certain officers are allowed to inspect the identity of a person and request the person to produce his/her MyKad for inspection. These officers include:
- registration officers (of the National Registration Department of Malaysia or JPN)
- police officers (PDRM)
- customs officers/ immigration officers
- members of the Armed Forces on duty
- public officers authorized by the Director General
Pengawal keselamatan yang bertugas di kediaman awam (termasuk di komuniti berpagar yang tidak formal) tidak dibenarkan untuk meminta dokumen identiti seperti MyKad ataupun lesen memandu daripada pihak awam.
Hanya pengawal keselamatan yang bertugas di premis persendirian (seperti di komuniti berpagar yang formal, kondominium dan bangunan swasta) dibenarkan untuk meminta dokumen identiti pelawat bagi tujuan rekod butiran.
Skim komuniti berpagar jenis "formal" dan jenis "tidak formal" adalah tidak sama. Pelaksanaan kedua-dua jenis skim komuniti ini harus dibezakan. Komuniti berpagar formal adalah skim yang lebih senang diurus kerana ia adalah sejenis skim perumahan swasta yang memiliki hakmilik stratanya sendiri.
Peruntukan Peraturan 7 Peraturan-Peraturan Pendaftaran Kebangsaan 1990 memperuntukkan bahawa hanya seorang pegawai pendaftaran, pegawai polis, pegawai kastam, pegawai tentera atau pegawai lain yang diberi kuasa bertulis oleh Ketua Pengarah Pendaftaran sahaja yang dibenarkan untuk meminta dan memeriksa identiti seseorang dengan mengemukakan kad pengenalan.
"Syarikat Kawalan Keselamatan hanya boleh meminta dokumen identiti pelawat semata-mata bagi tujuan semakan dan rekod kemasukan ke premis persendirian dan kemudian mengembalikannya kepada pelawat selepas identiti mereka direkodkan."
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