Gov't told to remove immunity for local councils

updated 9.35pm In the wake of Saturday's deadly landslide in Bukit Antarabangsa, the Bar Council has urged the government to repeal the statutory immunity granted to local authorities under the Street, Drainage and Building Act.

According to the 13,000-strong lawyers body, the immunity "encourages a lackadaisical attitude to the approval of plans submitted."

"Those that approve development plans and those that are duty-bound to protect our environment and the people fmust be called to account. Their acts may amount to criminal negligence which the police ought to investigate," said Bar Council chairperson S Ambiga.

In a landmark Federal Court decision, the Ampang Municipal Council (MPAJ) was found not liable for losses suffered by residents of Highland Towers which collapsed 15 years ago, killing 48 people.

The court unanimously ruled that local authorities such as MPAJ were given full immunity under Section 95 (2) of the Street, Drainage & Building Act 1974 (Act 133) from such claims.

Ambiga said that it was time for the government to put people before profits.

"It is hoped that this tragedy, unlike the Highland Towers incident, will not fade into the past with no lasting solutions," she added in a statement.

MPAJ Defend Itself

In a related development, MPAJ refuted claims that it failed to respond to complaints by residents in Bukit Antarabangsa on numerous issues ranging from soil erosion to tree pruning in the area.

Its public relations officer, Norhayati Ahmad, said immediate action was taken either by the MPAJ or the developers to address the problems.

"For instance, after receiving complaints about suspected erosion at the main road to Bukit Antarabangsa in September, we immediately sent our experts to the ground and put up the gabion wall to prevent further erosion," she told Bernama today.

Following the landslide which claimed four lives, residents in Bukit Antarabangsa had alleged that the authorities, including MPAJ, had failed to take necessary action to prevent the disaster.

Among others, they claimed that the local council had failed to respond to their complaints on soil erosion in the area a few days prior to the incident.

Meanwhile, Norhayati said MPAJ is preparing to begin the cleaning up and to restore amenities once the search-and-rescue operation is called off.

"We expect to begin work some time next week," she said, adding that the local council is among other agencies assisting the authorities in evacuating residents.

In the latest development, rescuers have this evening found a decomposed body, believed to be missing Sri Lankan maid Lourdes Mary. However, it was later discovered to be the carcass of a dog. The search will continue tomorrow.

Resident Slams MPAJ Staff

Bernama also reported that an Oakleaf Park condominium resident caused a stir at the MPAJ operations centre in Taman Bukit Mewah today when he railed at the staff and workers for not helping him and his family to evacuate.

Tumiran Mohd Kasdi, 56, who has been living in the condominium for 15 years, claimed that he, his wife and two children had to walk for 30 minutes in the rain up the slippery road to collect their belongings at about 3pm on Monday and that drivers in two MPAJ four-wheel-drive vehicles did not offer them help.

He said his daughter was still in confinement and had to carry her baby and belongings on the wet and slippery road.

The businessman also claimed that no vehicles had been provided to help them evacuate despite announcements to the contrary.

In another development, the Drainage and Irrigation Department has dispatched a technical team to investigate the causes of the landslide.

Its director-general, Ahmad Hussaini Sulaiman, told Bernama that the team would take some time to complete its report as it involves an extensive area.

Yesterday, Siraj Akbarali, a director of a local engineering firm dealing in slope maintenance, was reported to have said that the likely cause of the landslide was slope failure.

He based his assumption on the fact that residents heard loud explosions like a bomb before the landslide, and explained that the failure could be due to improper drainage which resulted in the increase of the water content in the soil on the slope.