Corruption has no place in any culture

LATELY, we have been seeing many photographs and a lot of video footage of handcuffed men and women in orange T-shirts bearing the words “Lokap SPRM”.

These are people who have been arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with its investigations. Lokap SPRM is the Bahasa Malaysia term for the MACC lock-up.

Some of these men and women have been or will be charged in court for offences such as offering or soliciting bribes and abuse of power. If they are guilty, they will be punished.


But what if the wrongdoing is partly to do with how the private sector operates?

If businessmen believe that greasing someone’s palm is an acceptable way to get ahead of the competition, and if a company’s culture tolerates or even encourages corrupt practices, why should the employees be the only ones held accountable when the authorities enforce the law?

It is not easy, however, to prove that a company has criminal intent.

This will matter less if there are provisions in the law that deem companies responsible if employees commit certain offences in the course of their work.

This concept of corporate liability for the crimes of employees has been introduced in countries such as the United States, Britain and Australia.

Malaysia has long talked about introducing such provisions.

In July 2013, for example, Minister in the Prime Minister’s Department Datuk Paul Low said the Government wanted to introduce a “corporate liability law”.

The idea is to hold boards of directors and CEOs of companies responsible for bribes given by their employees unless it is proven that there are measures in place within the organisation to prevent corruption.

Since then, Low and senior MACC officers have several times brought up this matter.

It appears that the plan is to either amend the MACC Act or to come up with a fresh piece of legislation.

At one point, Low said the Bill would be tabled by March this year and that the new provisions would come into effect in 2018.

However, the draft legislation has yet to reach Parliament.

The latest update was from MACC deputy chief commissioner (operations) Datuk Azam Baki, who was quoted in a Sin Chew Daily report this week saying that the Cabinet had approved the Bill for the Corporate Liability Act and that it would be tabled in October.

It is understandable if the business community is less than enthusiastic about this.

There is always the fear that an employer will be unfairly blamed for an employee’s lack of integrity.

There is also the well-worn argument that complying with additional rules and regulations will increase costs amid already challenging conditions.

It is likely, however, that the new provisions are applicable only if the companies cannot demonstrate that they have done all they can to prevent the offences, or if they are negligent in addressing the risks of such offences being committed.

We will have to wait and see.

Meanwhile, businesses should examine their practices and procedures.

It is definitely in the best interest of a company to ensure that its employees understand well that corruption is not part of its corporate culture.

For that matter, corruption should not be part of any culture.

- Sunday Star Says

Amend MACC Act to give it more bite

TRANSPARENCY International Malaysia (TI-M) hails the call by the Malaysian Anti-Corruption Commission (MACC) to amend Section 23 of the MACC Act 2009 to give it greater clarity so that corrupt practices and other related offences could be better tackled especially in state-owned enterprises (SOEs).

As stated by MACC deputy commissioner (Operations) Datuk Azam Baki, MACC needs more bite to act against corrupt public officials including ministers, assemblymen and politicians.

TI-M also supports MACC on the recently proposed new law known as “Misconduct for Civil Service Act”, where civil servants who caused substantial financial losses to the Government due to negligent acts or non-compliance with official policies or procedures would face criminal charges under this proposed new Act.

TI-M has been advocating for these amendments to the existing MACC Act for the past several years and hopes to finally see the light at the end of the tunnel.

Section 23 of the MACC Act 2009 prohibits “an officer of a public body” or public officials from abusing their power for any gratification for themselves or for their relatives. TI-M shares Azam’s opinion that many politicians are being appointed into SOEs and public interest entities (PIEs).

In addition, TI-M is also looking forward to the inclusion of the corporate liability provisions into the MACC Act 2009, which will ultimately hold companies accountable for corruption cases involving their employees.

Currently, when an employee is caught for corruption or bribery, he or she will face the consequences and can be charged individually. The company which the respective employee works for is not held liable for its employees’ acts, as in law the company not being a human person is not capable of having criminal intent.

With the introduction of the corporate liability provisions, companies can be held accountable for their employees’ involvement in corruption or bribery if they are found to have failed to take adequate steps to prevent such corrupt acts by their employees.

When this becomes a reality, employers in the private sector would have no choice but to initiate anti-corruption programmes in their companies/organisations to mitigate and eventually eradicate corrupt practices.

TI-M, meanwhile, has been encouraging companies in the private sector to adopt the ISO 37001 Anti Bribery Management System as an initiative to put in place all the preventive controls and systems while simultaneously getting the top management to commit to the elimination of any form of bribery in their organisations.

On the proposed Misconduct for Civil Service Act, any effort or law to address misconduct which results in loss of taxpayers’ money should be lauded.

However, we would like to raise the issue of whether the proposed law should only apply to civil servants. What about instances where orders or instructions come from politicians or persons in elected positions? Should they not also be held liable if proven to be involved?

Any proposed law should fairly apply to everyone involved in the decision-making process, and that includes politicians.

Azam has been reported saying that each year, the AuditorGeneral’s Report reveals a litany of malpractices among government departments and agencies, some of which are outrageous, for which the civil servants responsible should be charged with criminal offences instead of just disciplinary action under the domestic rules applicable to them.

TI-M supports these new measures proposed by the MACC and hopes that the Government will give due consideration and also fully support the same by effecting the necessary changes in the law. This would ensure that we plug the existing loopholes in our anti-corruption laws.

DATUK AKHBAR SATAR President Transparency International Malaysia


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Reporting an offence is not defamation

Home locked by Penang City Council over RM468 paltry arrears of assessment

 

Hard lesson: After settling his assessment arrears, Chua Yung Lin, 37, finally receives the key (inside envelope) to unlock the chain used to seal up his unit at Taman Seri Hijau in Van Praagh Road, Penang. (Above) A closeup of the notice from the council pasted on the grille gate. — CHARLES MARI ASOOSAY/The Star

A SALESMAN is furious that his apartment unit was padlocked by the Penang Island City Council (MBPP) because he failed to pay two years of assessment arrears amounting to RM468.86.

A council official, however, defended the action, saying that MBPP was empowered to do so under the Local Government Act 1976 if a ratepayer failed to pay a year’s assessment.

Chua Yung Lin, 37, got the keys to the padlock when he paid up the arrears as well as the RM111.86 second half assessment for this year and a RM20 penalty in Komtar on Wednesday after a neighbour informed him a day earlier that the MBPP had sealed the unit.

But he is adamant in not unlocking the padlock himself, saying that the council should do so as its officials were the ones who locked up the unit.

“They gave me all the keys to the padlock and when I asked them if I needed to return the chain and padlock, they told me I could keep them,” Chua told reporters outside the unit at Taman Seri Hijau in Van Praagh Road, Penang, yesterday.

He lodged a police report on Wednesday to inform the police that he had settled the arrears and for his safety should he decide to unlock the place himself.

Chua, who has been renting out the unit for the past three years, said it was dangerous for MBPP to padlock the unit as there could be someone inside who would not be able to escape should there be an emergency.

“Thankfully, there was no one in the apartment as I think my tenants have gone out of town,” he added.

He claimed to have forgotten to pay the assessment because his tenants did not inform him of the bills.

Penang Gerakan vice-chairman Lee Boon Ten said MBPP had acted prematurely and could be charged with criminal negligence for sealing the gate of an occupied home.

“He only owed them a nominal amount. If someone was inside the apartment when they locked it, it would have been false imprisonment,” said Lee who was also present.

MBPP treasury revenue unit head Suhaida Kamalul Ariffin said Section 148(3) of the Local Government Act 1976 empowered the council to seal premises whose owners defaulted in a year’s assessment payment but the council usually only did so after the arrears were accumulated for two years.

“We can actually break down the door and seize the belongings inside. If we don’t do that to avoid destroying the door, we will seal the premises as an indication to the owner. This is however only carried out after we have checked to see if anyone is inside.

“Only after we are sure it is unoccupied, do we seal the premises,” she said when contacted yesterday.

Suhaida also said the council pasted a notice demanding the owner to settle the arrears on the unit’s grille gate in May.

“There was no response, leading us to seal the apartment. Once payment is made, we usually give the owner the keys to the lock as it is standard procedure to let them unlock it themselves,” she said.

Source: The Star

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Checks on local news reports show EBA bestowed ‘awards’ not just to Penang councils but also other Malaysian institutions.

GEORGE TOWN: Before the dust could settle on a shock expose that Penang municipal councils received “excellence” awards from a questionable outfit exposed by a UK newspaper, checks show that other Malaysian companies, universities and GLC execs were also recipients.

Checks by FMT show Malaysian companies, public universities and top executives of Malaysian government-linked companies had won awards from the dubious Europe Business Assembly (EBA) before.

UK’s The Times had alleged that EBA, run by Ukrainian businessmen, made use of the renowned Oxford University’s name and reputation to hand out awards to those who paid a sum.

According to EBA’s website, this year, seven Malaysian companies and their bosses were listed as award recipients.

Among them is a public-listed utilities company and an education provider.

Based on Malaysian news reports, past winners of EBA’s awards include three Malaysian public universities — namely Universiti Sains Islam Malaysia (USIM), Universiti Teknikal Malaysia (UTeM) and Universiti Malaysia Perlis (UniMAP).

USIM, UTeM and UniMAP received the “Best Regional University” award from EBA in 2013, according to a report by Utusan Malaysia on Dec 25, 2013.

Their vice-chancellors were reported in local Malaysian dailies to have won “Best Manager of The Year” in the same year as well.

One of the vice-chancellors was reported to have won “Best Scientist” separately from EBA’s “Oxford Summit of Leaders Science & Education”.

Another VC was reported to have won “The Name in Science” award, too.

EBA’s ‘International Socrates Award’

According to EBA’s website, the group is “an international corporation of social partnership” established in Oxford, UK, in 2000.

It lists developing and promoting social and economic links between companies, investors, education establishments, cities and countries worldwide as its main objectives.

The Times had reported that EBA advertises itself as an Oxford institution to sell “made-up prizes” such as “The International Socrates Award” and “The Queen Victoria Commemorative Award” for a price of up to £9,300 (RM52,000).

The report claimed the EBA outfit was run by Ukrainian businessmen, targeting areas where people had the financial power to buy such accolades.

A former employee told The Times that the outfit was told to focus on customers from the Middle East, eastern Europe and Russia “where the idea that money buys you credentials is still there”.

EBA was also revealed to have used images of Oxford colleges and even the same typefaces in its publicity materials.

It also claimed “exclusive” access to special lectures from Oxford, the report said.

However, the University of Oxford told the daily it has no relations with EBA.

“On the face of it, the guests gathered that evening did not have much to unite them.

Representatives from a Nigerian maritime security company rubbed shoulders with the vice-president of a Bulgarian mine.

“The founder of an international school in Malaysia mixed with the director of an Indian private medical institute,” The Times report read, in explaining the holding of an elaborate awards presentation ceremony.

Source: Free Malaysia Today (FMT)

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Weeding out the worrying graft and corruption among Malaysian youths and politicians !

MACC deputy chief commissioner (prevention) Datuk Shamshun Baharin Mohd Jamil

MACC reveals 'worrying statistics'

KUALA LUMPUR: More than 50% of those arrested by the Malaysian Anti-Corruption Commission (MACC) in the past three years were aged below 40.

MACC deputy chief commissioner (prevention) Datuk Shamshun Baharin Mohd Jamil expressed concern over the finding and said it as an “alarming situation”.

Of the 2,329 people arrested since 2014, 1,267 were below 40.

“People in this age group are supposed to be nation’s backbone, who will shape the future of our country,” he said in his keynote speech at a public forum organised by the Institute for Democracy and Economic Affairs (Ideas) yesterday.

Shamshun said about 982 investigation papers were opened, 932 people were detained and 258 charged by the anti-graft body last year.

“MACC plans to engage with youths this year. The Gen-Y group always finds an easy way. We have to guide them from young and create awareness of what is happening around them,” he said.

On MACC seeking more allocation, Shamshun said the extra funds were for them to implement what they planned for the year.

“We need more whistle-blowers who can voluntarily come forward to report or provide information on corruption activities.”

He said such individuals will be protected under the Whistleblower Protection Act 2010, that shields informants from action. – by Ashwin Kumar thesun

Weeding out graft among youths

KUALA LUMPUR: The Malaysia Anti Corruption Commission (MACC) will push on with efforts to eradicate corruption in the civil service in the face of budget cuts, says its deputy chief commissioner (prevention).

Datuk Shamshun Baharin Mohd Jamil (pic) told reporters that the commissions’ plan for 2017 would be to focus on Government agencies, as well as arresting the growing trend of corruption among youths.

Responding to questions on cuts to the MACC’s budget, he said it was an issue faced by all agencies, though the commission had appealed for more funding to carry out its plans.

“We can’t do everything at once because of (MACC’s) strength and budget. But my concern is also about how many of those arrested are under 40 years old,” said Shamshun Baharin, adding that 54% of those arrested (1,267 of 2,329 cases) were under 40.

He attributed the trend to the generation’s environment and wanting to take shortcuts, which MACC aimed to combat with the establishment of a corruption prevention secretariat in higher learning institutions.

During his keynote address at the Institute for Democracy and Economic Affairs (IDEAS) forum titled ‘Supporting the MACC in the fight against corruption’, Shamshun Baharin said 2016 had been a successful year for the commission.

He revealed that arrest numbers had gone up from 841 (2015) to 932 (2016), of which 258 suspects had been brought to court, as of Dec 15 last year.

At the event, IDEAS CEO Wan Saiful Wan Jan launched a signature drive under its #NyahKorupsi campaign, to support the MACC.

“Our goal is to have more Malaysians come out in support of the MACC because it has made more investigations and arrests of corrupt top officials. There may be a time when they will need our help,” he said.

He said IDEAS would collect as many signatures as possible before delivering it to MACC chief commissioner Datuk Dzulkifli Ahmad.

To sign the petition, visit www.change.org/p/sokong-sprm-perangi-rasuah.

The other forum panellist included Transparency International Malaysia president Datuk Akbar Satar, Centre to Combat Corruption and Cronyism executive director Cynthia Gabriel, Friends of Kota Damansara chairman Jeffrey Phang and Sinar Project co-founder Khairil Yusof. - By Qishin Tariq The Star/ANN

Just you wait, MACC boss warns corrupt politicians

MACC chief commissioner Datuk Dzulkifli Ahmad,

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) has warned corrupt politicians to “be careful”.

Its chief commissioner Datuk Dzulkifli Ahmad, in a live television interview yesterday, said he had previously stated that he would take action on anyone involved in corrupt practices, including “politicians of any rank”.

“On my 100th day as MACC chief, I said that I will not be stopped from taking action against politicians.

“Tonight, I would like to say to corrupt politicians, just you wait (tunggulah),” he said.

Dzulkifli added that the MACC was not worried about “protected individuals” who committed systemic corruption.

“There is no issue about them being protected, I can guarantee that all those who commit corruption will not be left alone. I will take action against them without fear or favour,” he added.

But Dzulkifli admitted that the MACC had its limitations in terms of logistics.

“There are only 2,900 members and officers in the whole of the MACC, of which only 900 carry out legal enforcement as others are in the prevention and education departments, among others.

“Now if you look at the civil service alone, there are 1.6 million of them, so that is one.

“Besides that, is budget, that has been cut, and it is at its lowest since 2013,” he said.

Dzulkifli, however, added that he would not allow the limitations to stop the anti-graft body from carrying out its duties.

The Astro Awani interview is Dzulkifl’s first ever live interview since his appointment in July last year.

Dzulkifli, a veteran in the civil service, was the head of the National Revenue Recovery Enforcement Team of the Attorney-General’s Chambers before being appointed chief commissioner.

He took over from Tan Sri Abu Kassim Mohamed, and his tenure is until July 31, 2021.

 - By D. Kanyakumari The Star/ANN

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Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely
the writer’s own.

Councillors ready to serve Penangites to make a difference?

THE Penang Island City Council (MBPP) and the Seberang Prai Municipal Council (MPSP) see 10 new faces among the list of councillors who sworn in Jan 5 and 6 for the 2017 term.

State Local Government Committee chairman Chow Kon Yeow said the lineup for the 24 MBPP and 23 MPSP councillors is effective Jan 1 till Dec 31.

The new faces appointed as councillors (from left) Tan, Shahrudin, Seow, Loh, Khoo Salma, Noor Syazwani, Shung and Woo at a press conference in Komtar.

He said three of the five new faces in MBPP are from non-governmental organisations (NGOs), namely writer Khoo Salma Nasution, 53, (Penang Forum), insurance and corporate risk consultant Shung Yin Ni, 31, (Penang Chinese Chamber of Commerce) and marketing officer Noor Syazwani Md Amin, 30, (Persatuan Peniaga Melayu Pasar Malam Pulau Pinang).

The other two are senior marketing manager Tan Chiew Choon, 45, and businessman Shahrudin Mohamed Sahriff, 47, both from PKR.

Chiew Choon had served as a councillor before with the MBPP between 2013 and 2015. He was not retained the following term.

The five replace Eric Lim Seng Keat (NGO), Dr Lim Mah Hui (NGO), Mohamed Yusoff Mohamed Noor (NGO), Felix Ooi Keat Hin (PKR) and Shahul Hameed M. K. Mohamed Ishack (PKR).

The 19 councillors who were retained are Goh Choon Keong, Gooi Seong Kin, Grace Teoh Koon Gee, Harvindar Singh, Joseph Ng Soon Siang, D. R. Kala, Chris Lee Chun Kit, Ong Ah Teong, Syerleena Abdul Rashid, Wong Yuee Harng, J. Francis, Muhammad Bakhtiar Wan Chik, Nur Zarina Zakaria, A. Kumaresan, Ahmad Razaaim Azimi, Ahmad Azrizal Tahir, Mhd Nasir Yahya, Saiful Azwan Abd Malik and Gan Ay Ling.

MPSP also has five new faces including lawyer Thomas Loh Wei Pheng, 33, (DAP), special officer Woo Sze Zeng, 34, (DAP), company director Dr Seow Kweng Tian, 37, (PKR), entrepreneur Fadzil Abdullah, 60, (Amanah) and clerk Hamizah Abdul Manab, 26, (NGO).

They replace Siti Nur Shazreen Mohd Jilani (DAP), Tan Chong Hee (DAP), Goh Choon Aik (PKR), Alias Wan Chek (PKR), Mohd Suzuki Ahmad (Amanah) and Ahmad Tarmizi Abdullah (NGO), whose terms were not extended.

Chow said one more vacancy in the lineup for MPSP will be decided in the next state exco meeting.

The other 18 MPSP councillors are P. David Marshel, Heng Yeh Shiuan, H’ng Mooi Lye, K. Kumar, Mohamad Shaipol Ismail, M. Satees, Tan Chee Teong, Tan Cheong Heng, Zulkifli Ibrahim, Mohd Sharmizan Mohamad Nor, Zaini Awang, Ong Jing Cheng, Anuar Yussoff, Dr Amar Pritpal Abdullah, Shuhada Abdul Rahim, Zulkiply Ishak, Dr Tiun Ling Ta and Wong Chee Keet.

Shung, who is from a corporate background, said she hoped to assist in providing a better environment for business undertakings in Penang.

Shahrudin said the appointment would encourage him to step up efforts to serve the people better.

The Jelutong PKR branch deputy chief said he hoped to take on his role as a councillor more efficiently through various state initiatives and policies.

Dr Seow hopes to resolve issues related to public transportation and community welfare.

He said that he hoped to resolve traffic congestion, plant more trees and maintain cleanliness.

“I hope to be able to introduce more community-based activities as a councillor,” said Dr Seow, who is a PhD holder.

Speaking at a press conference in Komtar yesterday, Chow said the allowances for the councillors would remain at RM2,500 each.

“They are also eligible for allowances for attending meetings up to RM1,200, which is about RM100 for every meeting they attend. There is also a RM300 mobile phone allowance,” he added.

Also present was Chief Minister Lim Guan Eng.

By Chong Kah Yuan and Intan Amalina The Star/ANN

Newly sworn-in MBPP councillors ready to make a difference

(From left) Tan, Noor Syazwani, Shung, Salma and Shahrudin posing for a photo after the swearing-in ceremony at the City Hall in George Town, Penang.

MARKETING officer Noor Syazwani Md Amin is eagerly waiting to serve the people as one of Penang Island City Council’s (MBPP) five new councillors.

The 30-year-old, who is with a non-governmental organisation (NGO) Penggerak Komuniti Muda Pulau Pinang (Peka), said one of the issues close to her heart is the flood woes in the state.

“I live in the flood-prone Jalan P. Ramlee, so I definitely hope it’s one of the issues that can be solved for the sake of the people.

“There will be the flood mitigation projects which are going to be carried out. So, hopefully I can make use of that for the community, especially those staying in Sungai Pinang, Jelutong and Jalan P. Ramlee,” she said when met after the MBPP councillors’ swearing-in ceremony for the 2017 term at the City Hall in George Town, Penang, yesterday.

Noor Syazwani said her priority is always about placing the people first.

“Helping people excites me.

“Hopefully, I can give my best because I’m still new,” she added.

She is among 24 MBPP councillors, who took their oath at the City Hall yesterday.

Three of the five new faces are from NGOs. They are writer Khoo Salma Nasution, 53, (Penang Forum), insurance and corporate risk consultant Shung Yin Ni, 31, (Penang Chinese Chamber of Commerce) and Noor Syazwani.

The other two are senior marketing manager Tan Chiew Choon, 45, and businessman Shahrudin Mohamed Shariff, 47, both from PKR.

Meanwhile, Shung said she hoped to enhance conduciveness of Penang as an excellent business centre with her appointment in the MBPP.

“This is so that when the economy blooms, everyone gets to benefit from it.

“I would also like to emphasise on sustainable development, which does not only mean taking care of the environment but also the needs of the people. Therefore, I hope to find a balance,” she added.

The five replace Eric Lim Seng Keat (NGO), Dr Lim Mah Hui (NGO), Mohamed Yusoff Mohamed Noor (NGO), Felix Ooi Keat Hin (PKR) and Shahul Hameed M.K. Mohamed Ishack (PKR).

The 19 councillors retained are Goh Choon Keong, Gooi Seong Kin, Grace Teoh Koon Gee, Harvindar Singh, Joseph Ng Soon Siang, D.R. Kala, Chris Lee Chun Kit, Ong Ah Teong, Syerleena Abdul Rashid, Wong Yuee Harng, J. Francis, Muhammad Bakhtiar Wan Chik, Nur Zarina Zakaria, A. Kumaresan, Ahmad Razaaim Azimi, Ahmad Azrizal Tahir, Mhd Nasir Yahya, Saiful Azwan Abd Malik and Gan Ay Ling.

The new MBPP lineup comprises 10 from DAP, eight from PKR, two from Amanah and four from NGOs.

The tenure for the councillors is from Jan 1 until Dec 31.

In her speech, MBPP mayor Datuk Patahiyah Ismail congratulated all the appointed councillors.

State Local Government Committee chairman Chow Kon Yeow said the role of a councillor is very extensive.

“Apart from representing the general public and local community, a member of the council is also an intermediate between the community and local authority,” he said in his speech.

Chow also congratulated the council on its success in getting various awards and victories at state, national and international levels.

The achievements include being the Earth City Hour Challenge 2016 finalist.

MBPP also received the Tourism Promotion Organisation for Asia Pacific (TPO) Tourism Industry Leader Award in Tourism Promotion for Asia Pacific Forum 2016.

Chief Minister Lim Guan Eng, who was also present, said MBPP’s success not only depended solely on a credible and effective management, but also the support, commitment and team work from all councillors, officers and staff.

He said MBPP practised prudent spending and governance based on the principles of CAT (competency, accountability and transparency) that successfully recorded an excellent financial performance with budget surplus in the financial statements for three consecutive years, which is RM47.57mil for 2013, RM177.95mil for 2014 and RM146.04mil for 2015.

“The success of the council in maintaining good financial performance enables efforts to improve the provision of public facilities.

“MBPP will implement several development projects at a cost of RM5.2mil.

“Among the proposed projects to improve the comfort of the people, include the construction of a public market in Batu Ferringhi,” he added.

By Cavina Lim The Star/ANN

Outspoken author among five new faces at MBPP

New faces appointed as the councillor in Penang Island City Council (MBPP) for 2017. (oriental daily/04 Jan 2017)

GEORGE TOWN: An outspoken author of over a dozen history books is among five new faces appointed as Penang Island City (MBPP) councillors.

Khoo Salma Nasution represents Penang Forum and is taking over from her equally vocal counterpart Dr Lim Mah Hui, who opted out of being re-appointed this year after serving six terms.

Penang Forum is a loose coalition of non-political civil society groups, often critical of the state government’s plans and policies.

The city’s councillors are appointed yearly and comprise a small number of NGO representatives, including one from Penang Forum.

During his term, Dr Lim vocife­rously highlighted governance issues to the point of incurring the annoyance of the state administration.

Khoo planned to keep public pressure on MBPP and wished that more seats were allotted to NGOs.

She is eager to see what committees are in the council and hoped to play a role especially in fostering sustainable development, transport planning, environmental issues and heritage conservation.

“I feel there is not enough awareness on these. I want to see what I can do about making people more conscious of them, not just indivi­duals but at an institutional level,” she said.

The former journalist of The Star who did a 20-year research into Penang’s history and development to write her books, believes that the council needs environmental goals and key performance indicators to monitor Penang’s green progress.

“We need to collect more information about how Penang is doing to track our environmental and heritage conservation efforts,” she said.

Khoo was in Komtar yesterday when Chief Minister Lim Guan Eng and state exco member Chow Kon Yeow announced the appointments of the new councillors.

Dr Lim said he was glad that the state government accepted Penang Forum’s nomination of Khoo.

“Her decades of study on Pe­­nang’s growth will help the council manage development while preserving our cultural and heritage values,” he said.

Dr Lim added that he declined his re-appointment because he felt “the change in Penang that we want doesn’t seem to be happening”. Other new faces are Tan Chiew Choon (PKR), Shahrudin Mohamed Sahriff (PKR), Shung Yin Ni (NGO) and Noor Syazwani Mohd Amin (NGO).

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2 structures collapse due to incompetent engineers and irresponsible officer of MPPP

Three slammed over finwall tragedy

GEORGE TOWN: An incompetent engineer, a irresponsible one and a neglectful senior civil servant have come under fire in the report on the collapse of the finwall from the top of the 21-storey Menara Umno building in Jalan Macalister here.

A car driver and a lorry attendant died in the incident on June 13, 2013. Several vehicles and property were damaged. The body of the motorist was never been recovered.

The Commission of Enquiry, headed by Datuk Yeo Yang Poh, recommended that the Board of Engineers take action against finwall design engineer Lee Ah Yew and Dr Gerry Wong Kong Ming who signed and submitted the engineering drawings to the then Penang Municipal Council.

The report stated that (the then) North-East district officer Azizi Zakaria ought to have played a central role as the person in charge of emergency responses under ‘Arahan 20’, but had totally ignored and abandoned his duties.

It said Azizi was unfit to hold his post and “should have the honour of resigning, failing which he should be removed from office.”

Chief Minister Lim Guan Eng distributed copies of the 312-page “Report of The Commission of Enquiry into the Failure of Two Civil Structures in the State of Penang” to pressmen yesterday.

The report also details investigations into the ramp collapse at the Batu Maung Interchange of the second Penang bridge on June 6, 2013.

On the Menara Umno building, the report said the collapse of the finwall was due to “grossly inadequate design.”

The finwall, which was called “a lightning arrester” by the media, is a reinforced-concrete structure weighing about 200 tonnes.

“The engineer Lee has no experience in designing a slender cantilever column on top of a tall building.

“He committed multiple serious errors when designing the structure,” it said.

On Dr Wong, the report said that he signed and submitted the engineering drawings to the council without checking.

“As such, the errors and inadequacies in the design of the finwall are deemed to be his; for which he must bear equal responsibility.”

The report said Azizi’s dereliction of duty was “so complete that it is difficult to imagine anyone who could have done worse”.

“His lack of remorse or contrition when he testified before the Commission and his unabashed downplay of his total neglect of duty are very disturbing,” it said.

Lee and Dr Wong could not be reached for comments. It is learnt that Azizi has retired.

BY K. SUTHAKAR and CHRISTOPHER TAN The Star/Asia News Network

Inquiry into 2013 mishap at Menara Umno in Jalan Macalister blames engineers

GEORGE TOWN: The Commission of Inquiry into the failures of two civil structures in Penang has come down hard on the engineer who designed the fin wall atop the 21st storey of Menara Umno in Jalan Macalister.

The engineer, Lee Ah Yew, was "grossly incompetent and grossly negligent" and had committed multiple serious errors, which resulted in the reinforced-concrete structure weighing about 200 tonnes collapsing on June 13, 2013.

In its report, the three-member commission headed by Datuk Yeo Yang Poh said Monday that Lee, who designed the fin wall in 1995, was then a graduate engineer with no experience in designing a "slender" cantilever column on top of a tall building.

The commission has recommended that the Board of Engineers (BEM) initiate disciplinary action against Lee.

It said the board should also take disciplinary action against Dr Gerry Wong Kong Ming, the submitting engineer who signed and submitted the engineering drawings to the local planning authorities.

"As such, the errors and inadequacies in the design of the fin wall are deemed to be his; for which he must bear equal responsibility, though he signed them without checking," it said.

The commission rapped the North-East district officer Azizi Zakaria for abandoning his duties as the person in-charge of emergency responses under Arahan 20.

"His dereliction of duty was so complete and that it is difficult to imagine anyone who could have done worse.

"Encik Azizi's lack of remorse and contrition when he testified before the commission and his unabashed downplay of his total neglect of duty, are very much disturbing,” the report stated.

In the incident, the fin wall collapsed and hit a passing car and buried it (together with its driver) beneath the ground. A lorry attendant nearby was also killed. Several vehicles and properties were damaged.

The commission also submitted its findings into the ramp which collapsed on June 6, 2013 at the Batu Maung interchange leading to the second Penang Bridge.

BY K. SUTHAKAR/ The Star/Asia News Network

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Errant hill clearing by developers causes of floods, sinkholes, seepages damaged houses!

Misery raining down: The stretch in Paya Terubong is flooded during the downpour on Saturday Sept 12, 2015 — Photo courtesy of Gerakan secretary Oh Tong Keong.

GEORGE TOWN: The flash floods in low-lying parts on the island especially Air Itam, Paya Terubong and Bukit Jambul were caused by uncontrolled development of the hills, claimed state Gerakan secretary Oh Tong Keong.

“Paya Terubong became flooded after a downpour that lasted more than an hour and this was due to the clearing of the hills in Air Itam. The state has given developers a free hand to carry out their projects on the hills.

“The situation is so bad now that we do not even know if these developers are genuine as the state has failed to take action against anyone despite the local media reporting about our hills going bald due to development,” he said when contacted yesterday.

Pictures of a stretch in Paya Terubong being flooded have been circulating online since the downpour on Saturday with a news portal claiming that the cutting of hills and development of new condominiums were the cause of the floods.

Local Government, Traffic Management and Flood Mitigation Project chairman Chow Kon Yew said the flooding was the cause of work being carried out by a developer involved in a high-rise project in the area.

“The drains became blocked and this resulted in the water flowing onto the road during the downpour. Workers were sent by the developer to clear the drain and the water receded within an hour.” - The Star

Massive flood water from IJM Trehous construction project next to Bukit Jambul Hill pond is now flooded, overflown, diverted and entered visibly through inside houses at Lintang Bukit Jambul 1, instead of direct to the drain at Paya Terubong road. This is because the pond water outlet was choked and the original underground piping system is confirmed broken and formed sinkholes with water diverted to residential houses.

Pond water overflown to houses

Sinkhole in front of house



<< Pond water flown out from house to drain 

These caused damages to houses due to soil erosion, multiple slabs collapsed, multiple cracks; broken tiles: cements, pipes and water leakages, etc.

House Slabs collapsed

To prevent further damages to houses, residents proposed to Penang City Council to construct an alternate outlet for pond water smoothly flown out to alternate area, close and seal up with cement the existing outlet which was not properly constructed as it was choked/stucked all the times.

Probe on cause of mudslide



GEORGE TOWN: Illegal hill clearing behind the Green Garden Apartments in Paya Terubong could have been the cause behind the mudslide on Wednesday.

Flood Mitigation Committee chairman Chow Kon Yeow said there was a possibility that the hill was illegally cleared for farming.

A team has been sent to inspect the hill to determine how the mudslide occurred and to investigate the extent of the illegal clearing.

“We will have a press conference on Saturday to explain what we discovered.

“I can’t say much yet as investigations are ongoing,” he said yesterday.

Chow added that the flash floods were also due to the inability of two retention ponds in two development sites in the area to cope with the surface runoff.

Works to widen and deepen the retention ponds are ongoing.

Early Wednesday morning, a downpour caused a deluge of fast-flowing mud and debris from the hills to hit Jalan Paya Terubong while flash floods hit low-lying areas of the island.

In a press statement issued on the same day, Chow said the flash floods in Penang were due to an increased surface runoff where the water level increased suddenly, causing drains to be filled to the brim.

“The drains in George Town were not designed to handle such heavy rainfall,” he said.

A check on Penang’s tide chart also showed that the rising tide was highest at 8.19am, about an hour after the rain began in most parts.

Among the worst affected areas were Bandar Baru Perda, Kampung Nelayan, Kampung Sulup, Kampung 14 and Kampung Masjid in Teluk Kumbar, and Kampung Seronok and Kampung Binjai in Bayan Lepas.

According to a weather review from August to October available on the Malaysian Meteorological Department website, countries in South-East Asia are currently in the phase of the south-west monsoon.

Floods and mudslide hit Penang



GEORGE TOWN: An early morning downpour caused flash floods in many parts of the town here, leading to traffic snarls at low-lying areas like Jalan Khaw Sim Bee, Jalan Westland, Jalan P. Ramlee, Jalan Logan, Jalan Anson, Jalan Transfer and Jalan Hutton.

However, the worst-hit areas were away from the town centre, with a deluge of mud and sand hitting Jalan Paya Terubong heading towards Balik Pulau.

There was also a bumper-to-bumper crawl after an uprooted tree blocked a good part of the road.

Traffic police were deployed to the scene to control the traffic flow until the tree was removed.

Resident Y.S. Chai, 42, who lives in a terrace house in Jalan Paya Terubong, said the flash flood was one of the worst that had ever occurred as it washed mud and soil down to the road and into the house compounds.

Deluged: Water flowing down the hillslope in Paya Terubong, Air Itam. – ZAINUDIN AHAD / The Star.

She said the heavy rain lasted for only about 30 minutes but muddy waters rose very quickly and rushed onto the front porch of her house.

“I have never encountered a flood this bad before. It took us around three hours to clean everything up,” she said.

Further down the road, a gloomy Pon Kah Tong sprayed water from a hose to clear the mud that had accumulated in his car service workshop.

Paya Terubong is an area that has seen rapid development in recent years.

The floods subsided before noon.

BY ROYCE TAN The Star

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