HERE’S a metaphor for the ages: to rent/lease an office, it is within reason that the landlord first provide an abode that is tenantable and productive, and without major defects so that the tenant can derive business income and pay monthly rental.
In this case, the place is an abandoned derelict: the landlord uninterested in repairs and restoration.
Nevertheless, under a mutual agreement, the landlord offers a three-year tenancy, including monthly rental, and after representation by the tenant, they formally agree a month later that no rental is due until the local authority approves building plans.
So the tenant does partial repair and restoration at its own cost and effort, and starts a free public service project, also at its own cost and effort, with the understanding that it has a three-year tenancy.
However, 27 months down the road, the landlord inexplicably evicts the tenant, based on a 30-day termination notice (“escape clause”), contravening the Estoppel Principle of Law.
Essentially, this is the Asian Heritage Museum’s (AHM) predicament, its three-year tenancy of Carcosa Seri Negara abruptly terminated in May (2019) although the social enterprise had another nine months to go in the agreement.
The Federal Land Commission (JKPTG) – landlord of the uber historical site where the Malayan Constitution was drafted from 1955 to 1957, and where the Merdeka Agreement was signed on Aug 5, 1957 — ignored AHM’s objection to the termination.
Why did JKPTG, which is supervised by the Water, Land and Natural Resources Ministry, issue the eviction notice?
Apparently, it was based on an agreement by the former government to hand over tenancy of Carcosa Seri Negara to the Ministry of Tourism and Culture (Motac), which clearly creates a conflict of interest here.
How can the Department of Heritage, the regulator and enforcer of heritage laws under Motac, be expected to act objectively against Motac if it mismanages a heritage site?
This disturbing affair is also predicated by complaints that Motac has not done justice to heritage sites like those within Dataran Merdeka that it managed in the past, probably without the necessary budget and expertise.
Until and unless the Department of Heritage is no longer under Motac, the ministry must give up responsibility in managing heritage sites and buildings.
Perhaps, after some public outcry, Motac may hand over the site to a Federal body like the National Museum. But could this be a temporary smokescreen?
So why did JKPTG terminate AHM’s tenancy prematurely, despite AHM’s conscientious effort to partially repair and restore the ailing national treasure with no government aid, meagre earnings and million-ringgit losses?
AHM can’t be absolutely sure, but it is suspected that a powerful private business player bent on taking over Carcosa Seri Negara for their hidden commercial agenda manipulated AHM’s eviction, abusing the misdirection of non-payment of rentals.
Whatever their motivation, this private player cannot subjugate the supreme importance of Carcosa Seri Negara, which must be aggressively preserved and not sold for a private business’ self-reward.
In a recent press conference, Datuk Isham Ishak, secretary-general of Motac, the purported new tenant, pledged that Carcosa Seri Negara will never be sold to a private business due to its national heritage status.
But here’s the rub: firstly, Motac is not the landlord of Carcosa Seri Negara, so Isham has no locus standi to make such a statement; and, secondly, nothing in the National Heritage Act 2005 prohibits the sale of a heritage site. Only Clauses 36 and 37 stipulate that the Commissioner of Heritage must be informed within 28 days on the sale or transfer of ownership of a heritage site.
In the meantime, AHM endured the blatant falsehood that they owed the government millions in rental and accrued profits for use of Carcosa Seri Negara.
AHM simply could not set up its planned income generating peace and cultural heritage museum there due to the un-tenantable conditions, compelling them to opt for a non-profit, free entrance exhibition to promote patriotism and national unity.
On the other hand, JKPTG stated clearly in its April 7, 2017 letter that AHM need not pay rentals until City Hall approves the building plans.
About RM20 million is needed to properly repair and restore Carcosa Seri Negara, funds JKPTG does not have. Instead, repairs and partial restoration, maintenance, upkeep, operations for AHM’s 27-month tenure took its toll at RM2.5 million.
Despite the hardships, AHM organised the highly acclaimed Jalan Merdeka exhibition on the comprehensive journey to Merdeka, made the historical site safe and clean to visitors and enabled bookings for filming and events.
All fees from events and functions merely defrayed the high costs of repairs, maintenance and upkeep, resulting in audited net losses of RM279,903 in 2017 and RM762,970 in 2018.
Estimated total net losses up to May is more than RM1.3 million, but it is a sacrifice and contribution AHM willingly made.
Despite the intolerable environment, AHM is encouraged and heartened by the support of Federal Territories Minister Khalid Abdul Samad, who praised and congratulated AHM for its sacrifices and national service.
The writer is Media Adviser/Associate of AHM