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The Bar Council calls first for an urgent and immediate public inquiry to be held into the incident to investigate the recent tragedy and make recommendations for further action. Members of the inquiry panel should include reputable persons, State representatives, and independent experts such as engineers, geologists and housing planners together with representatives from NGOs. The powers of the inquiry should be wide enough to cover a review of all hillslope developments and to receive complaints from residents of affected areas.

There have been several important suggestions made in the press by Derek Fernandez (see Malay Mail of 9 December 2008) that ought to be implemented. In our view, the following immediate steps are imperative:

Of course, the public has a right to know why these steps were not taken sooner.

There is a distinct lack of real action in public safety issues in developments, despite the Highland Towers disaster and despite the public outcry and concern over such similar developments since then. Every time the public has objected to projects that are precarious, even to the naked eye, their voices are drowned out and these developments continue regardless.

On our part, the Bar Council has set up a task force to monitor the situation with a view to finding solutions and offering suggestions to the Government on legislation that may have to be considered, much like the legislation in Hong Kong. This task force will be headed by Council member Roger Tan, who will be assisted by Derek Fernandez.

The Bar Council also urges the Government to repeal the statutory immunity to local authorities and their officers in the Street, Drainage and Building Act 1974 as this militates against the interests of the public and only encourages a lackadaisical attitude to the approval of plans submitted.

Putting profits before people must cease. It is time that the Government adopts a “rights-based approach” towards protecting the peoples’ rights to sustainable development and environmental protection. These are acceptable norms that ought to set the benchmark in our drafting of planning laws and implementation of development policies.

Further, those that approve development plans and those that are duty-bound to protect our environment and the people must be called to account. Their acts may amount to criminal negligence which the police ought to investigate.

It is hoped that this tragedy, unlike the Highland Towers incident, will not fade into the past with no lasting solutions.

The authorities must be serious and must immediately bring in tough, no-nonsense measures. Tragically however, for those who have lost their loved ones, friends and homes, these steps will come too late.


Dato' Ambiga Sreenevasan
President
Malaysian Bar

9 December 2008