Written by: Averroes
As we scroll and swipe through the screens of our smartphones, we receive memes and online sensational viral news that some areas within Selangor, particularly the Klang Valley area which had cut the water supply of 1.2 million consumers as been stated by Selangor Chief Minister, Datuk Seri Amirudin Shari. This Klang Valley includes areas such as Kuala Lumpur, Petaling, Klang, Shah Alam, Kuala Selangor, Hulu Selangor, Gombak and Kuala Langat. That is 1,292 areas as counted.
This was due to the pungent, vile odour that emanated in Sungai Selangor Phase 1, 2 and 3 and Rantau Panjang treatment plants to suspend operations, and the factory responsible were to be held accountable. That factory was a machinery maintenance one located in Rawang and eventually the authorities intervened. The Chief Minister had tweeted some of his remarks where efforts to recuperate the ailing condition began from last Thursday.
Startlingly, the Pengurusan Air Selangor Sdn Bhd (Air Selangor) corporate communication chief, Elina Baseri states that the pollution that was emitted was measured to be 1 tonne as of 4th September! Only when the pollution hits 0 again, only then water can be supplied normally.
It is quite informative to elucidate what the methods include, disbursement of charcoal powder (activated carbon) to minimise the odour pollution, pumping reserve water from the Bestari Jaya Pond up to 4000 JLH (litres per day) as well as releasing water from the Sungai Tinggi Dam to flush and dilute the pollution. 78 water tankers, 22 jumbo tankers, 54 static tanks, 18 local service centres, 8 Public Water Taps and 23,000 bottles of 5 litre edible drinking water were distributed to those in need.
What is more intriguing is that he even tweeted that the perpetrators must be taken action by the Attorney-General's Chambers. This brings us to the state Environment, Green Technology, Science and Consumer Affairs Committee chairman Hee Loy Sian who commented that a preliminary investigation by the Selangor Water Management Authority (Luas) discovered that the factory in Rawang negligently failed to keep the oil residue with proper standards. That includes the smell of solvent detected flowing into the river from the factory.
The factory was then compounded with RM60,000 for the same offence over again. Though, this may be challenged on double jeopardy as under article 7(2) of the Federal Constitution unless it is of a different fact. That provision states the following;
"A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and retrial ordered by a court superior to that by which he was acquitted or convicted."
Furthermore, in the case of Jamali bin Adnan v PP, the facts were that Jamali was sentenced for armed robbery as he held 2 revolvers under the Internal Security Act 1960. Sooner or later, he was also charged under the same Act, now with bullets too. The court made a distinction that the essential ingredients or points of the offences were not similar as the second charge involved him having bullets. Even if he was charged again under the same offence, the way he committed it was different.
The Chief Minister did suggest to amend the Selangor Waters management Authority, Selangor Enactment No.2 of 1999, which section the provides for that RM60,000 compound was under section 79(4) which states that;
"Any person who contravenes this section commits an offence and shall upon conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding three years or to both and to a further fine of three thousand ringgit for every day that the offence is continued after a notice by the Director requiring compliance has been served."
His (chief minister) proposal to increase the limit of RM500,000 to RM1 million compound have plans to be brought to the Selangor State Legislative Assembly. Though, section 117 of the Enactment does state that other than any written laws, the judge of the Sessions Court has the power to adjudicate any offence under the Enactment and pronounce their sentencing.
The Selangor State does have the power to create and amend laws related to their water supplies as under the Federal Constitution, article 74(2) and Ninth Schedule, List II, Item 6, paragraph (c) which the latter states;
"Subject to the Federal List, water (including rivers and canals but subject to excluding to water supplies and services); control of slit; riparian rights."
The culprits behind this inconvenience lies on four people, whom are owners and shared brothers of the factory Yip Chee Seng & Sons Sdn Bhd, after they were suspected of polluting the waters in the Sungai Gong and Rawang area. The order for their remand was produced by the Judge of the Sessions Court of Selayang, Nurul Mardhiah Mohammed Redza. They will be represented by their lawyer, K.Theivandran where their legal aid begins from the day of remand. They were arrested at their respective residences by the police.
They were arrested around 11pm to 12.30pm as under section 430 of the Penal Code, which states that;
"Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness, or for carrying on any manufacture, shall be punished with imprisonment for a term not less than five years and not more than thirty years, or with fine, or with both."
Though, they were detained under that provision, SUHAKAM had presented that the Water Services Industry Act 2006 and the Environmental Quality Act 1976 is not implemented appropriately and reminded that business entities had to always regulate and monitor over their vocation and enterprises.
Even with the Chief Minister taking drastic actions, should not he prevented the problem rather than curing this misfortune? If it were to be prevented, then he would not have to waste logistics, resources and manpower and cause grave irritation towards the public in the Klang Valley?
It was even reported that his wife, Masdian Muhamad on her instagram posted a picture of her family, apparently with the swimming pool an an Air Selangor water tanker at their home. As if the whole tanker was only for the pool and not for the general public needs. Though, these are only speculations. Though, she rejected such claims and says that she will continue to cooperate with Air Selangor frontliners.
Even with exchange of state governments and new chief ministers, when will the water crisis in Selangor ever evade? Selangor is the most developed state with high GDP in Malaysia and it is an embarrassment to other states for its lack of quality in terms of water supply. Noh Omar from UMNO had asserted similarly, though he also has his own problems and deficiencies that we could discuss on another day.
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