Wangsa Maju MP to file legal suit over water disruptions

Angered by the impact of water disruption on her constituents, PKR's Wangsa Maju MP Tan Yee Kew has decided to initiate a class-action lawsuit against the authorities.

"If you feel the constant disruption of the water supply has caused you inconvenience, stress, suffering and loss of income, please join us to file a suit against the polluters as well as the government departments, agencies and GLCs for compensation," said Tan in a Facebook post, in which she asked interested parties to contact her office at +60341444342

She told Malaysiakini that while citizens have learnt to suffer through the constant unscheduled water supply interruptions, she felt that it was just too much to endure given the already significant impact on income due to the Covid-19 pandemic and the ensuing movement control order (MCO).

"There have been many cases of water disruption but the recent one for four days in September hit the rakyat the hardest. My centre received so many calls asking for assistance.

"What touched me most are those kidney patients who need dialysis. There was a private centre here that closed down as water supply priority is given to government-operated ones."

Tan said many residents in her area were desperate.

"There was one who came. Already five years on dialysis and he really thought he was going to die. We tried to get private tankers, but all were already taken up by the hospital and other government agencies," she added.

Aside from that, said Tan, many in low-cost flats often get by through operating food stalls which were impacted by the MCO and are vulnerable even when closing for a day or two.

"People are getting very angry. Considering how often we have these cuts, it is very rare to see people being charged. I know in the Sungai Gong case we charged the alleged polluters, but most of the time we don't see the changes."

Last month, four siblings and a manager were charged with committing mischief by causing hazardous waste to flow from their workshop, Yip Chee Seng & Sons Sdn Bhd, into Sungai Gong knowing that it would cause a diminution of water supply for human consumption.

They allegedly committed the offence at the workshop premises in Kampung Sungai Dua, Rawang between Sept 2 and 3. The offence under Section 430 of the Penal Code carries a jail term of between five and 30 years or a fine, or both, upon conviction.

They were also accused of discharging hazardous waste from the same workshop which streamed down into Sungai Gong without a licence, at the same place and time.

For the offence, they were charged under Section 25(1) of the Environmental Quality Act 1974 which provides a maximum fine of RM100,000, or imprisonment for up to five years, or both, if found guilty.

According to Tan, this case is the exception and after many years of water supply interruption, it's time that the agencies involved were made to bear some responsibility.

"We have so many agencies. Powerful agencies like Span and Luas. There is Jabatan Air Selangor and the Department of Environment. Whether from Selangor or federal, they should all be held responsible along with polluters, because the system we have now is not working," she said.

Tan said she had initially targetted 500 citizens to join her in the suit, but due to the recent surge in Covid-19 cases, she may have to scale down that number.

"Because of the conditional MCO, briefing sessions were cancelled and we have only small groups meeting following the SOP.

"We were originally targetting the end of October but now maybe we will extend till November. We are hoping for consumer compensation for loss of income and stress. This is really tough for the ordinary rakyat.

"I want responsibility from the agencies - don't just point the finger at polluters and burst pipes over and over again," she added.

Tan's party colleague, Subang MP Wong Chen, added on his Facebook that the water disruptions have reached a point where affected citizens have decided to take matters into their own hands.

"My friend Tan Yee Kew (PKR), MP for Wangsa Maju, has started a campaign to institute a citizen class-action lawsuit against the authorities. In Subang Jaya, SJ Echo has started an online petition to the authorities. You can sign this petition at the SJ Echo Facebook (I have).

"Hopefully some real commitments will result from all these efforts," said Wong, who added that he had recently submitted two new parliamentary questions related to the water supply matters to the minister in charge.

The questions concerned whether the government intended to provide any financial loans to help Air Selangor improve its water supply capacity, the quantum and timeline for such loans, the location and number of hazardous waste facilities in Malaysia and what enforcement improvements are being taken to prevent illegal toxic waste dumping into our rivers.