In turning the taps on to supply water to the ex-estate workers quarters in Tumpuk estate, G Team’s Tan Sri Gnanalingam absolved any liability to the suffering of the ex-estate workers. He also pointed finger at Jerit (national network for marginalized communities) for the failure of negotiations to solve the housing issues of the ex-estate workers.

S. Arutchelvan, the founder member of Jerit responded to an article in Free Malaysia Today calling upon G-Team to come forward and resolve the housing issues. His statement in full is reproduced below.

I refer to the pathetic denial and excuses by Gnanalingam with reference to Ladang Tumbuk as appeared in FMT story on December 14th. titled   ‘G-Team did not turn off the taps’

Let me answer to some of the issues raised.

The fundamental issue is Maika Holdings went into an agreement with the Ladang Tumbuk where they were suppose to built houses in 2008 which should be completed in 2010. G-Team then took over all the properties of Maika Holdings including Ladang Tumbuk. If these houses had been built and completed as promised in 2010, then there is no issue of water bill today. The problem is Maika Holdings then and G-Team now did not fulfill the promise.

Now without fulfilling the housing agreement, they want the remaining 12 families just to take the RM 25,000 and leave. Cutting water is just  another process to threaten the remaining families to leave. This is intimidation, a crime against humanity. We are talking here about 12 former plantation workers fighting against one of the richest person in Malaysia. Whatever ways once sees this conflict, there must be a moral responsibility to solve the problems of housing for the poor.

G-Team Resources maintains that it is not responsible for the water cuts because it did not sign the initial agreement.

. When G-Team took over from Maika Holdings, it took over all the responsibility, property as well as burden. It is therefore clear that G-Team is supposed to maintain the status quo(the condition or state of affairs that currently exists) of providing water supply. In all other plantations in this country, the new owner and developer will have to continue providing basic amenities until such time the housing issue is settled or some agreement is reached. Here G-Team wants immunity not to pay this water bill.

· G-Team was advised by Manpower Department (Labour Department) to make the payment but they refused. In the contrary their representative Tamil Selvam said that he can pay the money immediately, no problem but he wants the workers to remove the caveat put on the land. These caveats are put by the workers as safeguards as they are worried that their land will be sold without their houses built. But G-Team now uses water to bulldoze their sale of the land.

· Former Maika Holdings CEO, Vell Paari also said that  he had been paying the water bill until G-team took over and he said that it is G-Team responsibility to settle the bills. Here it is clear that G-Team though initially paid the bills, later wanted to use the water issue to evict the remaining families.

“The workers have been enjoying free water and electricity. G-Team categorically is not responsible for the water meter as explained by Syabas representative in the meeting last month. “The water was cut off because the residents are not paying the bills. The total bill is RM16,000,”

· Under the Minimum Standard of Housing and Amenities Act 1990, the estate owner must provide adequate, free and drinking water.

· In the case of an estate which is sold or developed like in this case, the developer or the former owner is required to maintain status-quo until the all issues are resolved. This is the current practice and we can cite numerous plantations all over the country where workers still enjoy these amenities simply because their permanent housing is not ready. In the case of Selangor, the State Government will not approve any development plan as long as these issues are resolved. Since 1995, the Human Resource Ministry also took quite a similar position.

· Syabas has got nothing to do with this. In fact Syabas in the meeting said if G-Team pay the money, then they will reconnect the water supply immediately.They just want their money. So G-Team who took over from Maika Holdings should maintain this status but they went against the Labour department’s advice.

· Furthermore in the agreement signed between Maika Holdings and NUPW in 1996, Maika Holdings not only said that they can stay there until the new houses are built, they also said that they will pay a subsidy of RM 25 per month perhousehold for water. With the 10cubicmeter given by the State Government, practically these workers will enjoy free water supply. So this is a right and not a question of workers refusing to pay the bill as how  G-team is now trying to paint the picture.

· During the meeting with G-team at the Klang Labour Office on the 6th December 2011, Syabas said that the outstanding amount is only around RM 4,500 and said that if G-team can pay just around RM 2,000, they will restore the water supply. But G-Team refused to pay even this and set ridiculous conditions. It is unbecoming of one of the richest man in this country to deny these fundamental rights to former plantation workers. Anyway I don’t know where he got this  RM 16,000 figure. The Labour department will testify that the amount was around RM 4,500. 

“Only 22 workers showed interest in participating in the housing scheme and deposited their ex-gratia payments totalling RM201,000 with Maika Holdings Bhd (MHB) to facilitate the downpayment for the houses to be built,” said Gnanalingam.

He also said that Maika had offered land to the people there but they had turned it down.

“In 2008, land was given next to the Tamil school but the workers rejected it because it is next to a pig farm. Another 3.88 acres of land were allotted to them but they also rejected it because of subdivision criteria.”

 · This is yet another distortion. Most of these offers were never discussed with the workers but according to the workers were decided by some leaders from outside. There was no proper consultation, just like now. It will be more convincing if G-Team can show such offer letters for land.

· But let us not lose sight that G-Team main mission was to force the remaining workers to take the RM 25,000 and leave. They threaten the workers that Maika  Holdings have abandoned them and there is no more money. Better to take the money and go. Gangsters were used to threaten and the workers who had lodged police reports on this. Just a few days ago, G-team representatives once again threaten to disconnect electricity and demolish the homes by the year end.

He also claimed that the families were more interested in obtaining cash than in owning houses. “A total of 16 out of 22 families already owned their own houses outside (the estate) and had shown no interest in the land.“The rest stayed on because they could not pay for the house as some were unemployed,” Gnanalingam, who is also Westports chairman in Port Klang, said that G-Team had offered RM25,000 with an ex-gratia payment of RM201,000 with an interest of four percent to the workers shortly after G-Team had taken over the estate, which was accepted by 14 of the 22 family members.

· G Team representatives have promised those workers who took the RM 25,000 that they will be given the same benefits like those who stayed on if those who stayed on received a better offer  in the future. I hope G-Team can deny this ?

· Currently the remaining 12 families have been pressured to take the money. Those who had already taken the money, many of them did not have much of a choice.

· Even if some of them have owned their own houses outside, this cannot be used to deny them houses now. These workers are not sucked oranges. They toiled the land and brought in the profits. In fact Tan Sri Gnanalingam is in a position to give these workers a house each as gratitude for the sacrifice made by four generations of plantation workers in this country.

· Rather than solve the problems faced by the community, one should not manipulate and try to turn the victims into villain.

Anyway what is interesting in the statement is Gnanalingam clearly says that G-team had taken over the estate. So he wants to take over the estate but not resolve the issues Gnanalingam said that at a meeting of the Selangor executive council, councillor Xavier Jayakumar’s office decided to accept the decision of the majority who took up the offer.

Gnanalingam also blamed Jerit for the failure in the negotiations that took place on Thursday.

· What Gnanalingam is not disclosing is that YB Xavier asked G-Team to give land so that the State Government can built houses and that was rejected.

· JERIT cannot be blamed because G-Team representative Tamil Selvam , a former policemen walked out of the meeting room before it ended. He was not only arrogant but refused to pay the water bill if the workers refused to withdraw the caveats.

He also told that he has buyers for the land but he is now stuck. So he wanted the workers to withdraw the caveat  immediately. This G-Team representative also on many occasion during the meeting also said that G-team is now not in the picture and he himself in not a representative of G-Team. This can also be confirmed by the Labour Department officers.  So how do you want NGOs to discuss with a representative, who claims that he is not a G-Team rep, then he goes on to say that G-Team is not in the picture and walks out before the end of the meeting. When we warned him that this will bring only negative publicity and that we are prepared to solve the issue, this G-Team representatives said that he is not worried about negative publicity and challenged the people to do whatever they like. He said you can Jerit all over the country.

We want the problems of Ladang Tumbuk to be solved. The workers must be given what they deserve. One thing that we cannot tolerate is to see the poor being bullied. Without the water supply restored, we look forward for G-Team to send a proper representative to put an end to this sufferings.