DAP chairperson Lim Kit Siang has criticised the absence of public outcry over the recent landmark court ruling to strip the housing tribunal of its power to hear disputes retrospectively, leaving thousands of house buyers in limbo.

Lim ssaid the lack of reaction to the ministerial and parliamentary scandal rendered the body "completely illusory" in terms of its mandate to provide social and legal protection for house buyers.

Early this month, the Kuala Lumpur High Court ruled that the Tribunal for Homebuyer Claims had acted wrongly by awarding compensation for disputes pre-dating its establishment.

The tribunal was established by amendments to the Housing Development (Control and Licensing) Act 1996. The Amendment Act was passed on Jan 23 last year and took effect from Dec 1.

"(The present situation is due to) bad draftsmanship coupled with colossal ministerial and parliamentary failure of responsibility," Lim said in a statement issued today.

"In other countries where there is a mature democracy and vibrant civil society, there would have been demonstrations against the minister (in charge)."

He also said there would also have been calls in Parliament demanding the minister's resignation.

The "blunder" has resulted in the nullification of the tribunal's primary objective to serve as a cheaper and speedier alternative to civil action in disputes between house buyers and developers.

"There would have been demonstrations in such countries against MPs for their incompetence and ineptitude in passing such legislation with such ambiguity," he added.

'Worst example'

Lim said DAP leaders who visited the tribunal office in Bukit Damansara on Sept 9 saw a public announcement stating that all filing and hearing of claims have been suspended until further notice.

He added that the only things the minister (Ong Ka Ting, photo) did, was announce that the Attorney-General will appeal against the ruling, ask for an early hearing date and make a personal appearance in court.

"This judgement must rank as the country's worst example of ministerial negligence and incompetence in shepherding legislation through Parliament," said the veteran politician.

Lim also listed three groups of stranded house buyers - those who are party to the court cases, those whose claims are pending hearing and those yet to file their claims.

He said the first two groups faced a sticky situation where it is unclear if Parliament could amend a law affecting the respective rights of parties with litigation pending an appellate decision.

However, he added that the solution is clear for those considering filing a claim.

"Ong should swing into action to present an amendment bill to the current meeting before it adjourns in November," he stressed.

Lim also urged Chief Justice Ahmad Fairuz Sheikh Abdul Halim to intervene, not with the judgement, but to ensure an early date for the appeal in the interests of social justice.