
Roger Chan, head of the Bar Council environment and climate change committee, says that beyond fines, citizens should have the means to seek damages.
“The first thing they have to change is to facilitate a class action suit,” he says, adding that Sungai Gong was just the latest in a string of water disruptions this year.
“We should take up a civil suit against the people who are damaging our quality of life,” he said. A significant amount of damages could be demanded, given the estimated 5 million people affected by the disruption, and the duration of the shortage.
Chan said the Environmental Quality Act (EQA) should include a provision that would create “an easy pathway for anybody to file an environmental suit at any point of time”.
Five men connected with Yip Chee Seng and Sons Sdn Bhd, which owns a factory linked to the pollution, have been charged and could face up to 30 years jail and up to RM100,000 in fines if found guilty.
Faizal Parish, director of the Global Environmental Centre agrees that the EQA needs amending, and says that there are currently discussions around tabling an update later this year.
Parish called on the government to “significantly increase the penalties under the act and to establish mandatory minimums on the penalties.”
He says that penalties are too often left up to a judge’s discretion, which can result in fines too small to act as a deterrent for big companies.
“If the maximum is low and the court only awards 10% of the maximum, it’s nothing, it’s a slap on the wrist. Some companies say that’s cheaper than building the treatment facility.”
He also said that jail time should be made a minimum punishment, rather than being left to a court’s judgement.
Roger believes that beyond sanctions, larger moves will be needed in order to promote “environmental integrity” and truly address the wider issue of water disruptions.
“I would definitely ask for a royal commission on this if possible, there have been so many water crises, tell us what happened.”