Chief Minister Lim Guan Eng today announced the draft terms of reference for the State Commission of Inquiry (COI) into the tragic Oct 21 Tanjung Bungah landslide which killed 11.
Lim said the COI will be led by former Malaysian Bar Council chairperson Yeo Yang Poh, together with engineer Gue See Sew and professor Ramli Nasir.
Penang Hill Corporation consultant Ng Wee Kok will serve as the secretary to the commission.
"The COI will inquire into the failure of temporary structures in the worksite incident.
"The Governor has the power to appoint commissioners under sub-section 2(3)(d) and subsection 3(1) of the Commissions of Enquiry Act 1950 [Act 119]," Lim said in Komtar today, referring to the 980 housing units that were being built by developer Taman Sri Bunga Sdn Bhd.
Lim added that the COI will also look into whether the failure of the temporary structures were caused by the nearby quarry.
The site’s proximity to the quarry, which has been active since 1960, was the basis of the Department of Environment’s rejection of planning permissions.
The Penang Island City Council (MBPP) was later blasted for pressing ahead with project despite rejection from DOE.
MBPP mayor Maimunah Sharif said at the time that besides receiving approval from the Minerals and Geoscience Department, the site is located 715m away from the quarry, further than the stipulated 500m buffer zone.
The terms of reference set out by Lim also state that the commission has to inquire into whether the failure of the said temporary structures, and the resulting deaths and injuries, were due “negligence, recklessness, breach of professional or legal duty, misconduct, or deliberate act or omission.”
Aside from that, the COI will also inquire into whether all necessary approvals required by law were applied for and obtained.
Additionally, the COI is tasked with making recommendations as to the appropriate action to be taken against parties found responsible for said failure, and any measures that can be taken to improve relevant processes in order to prevent such tragedies from reoccurring.
Lim also declared that the enquiry shall be held in public. No date has as yet been announced, but the COI can only commence after the governor endorses the terms of reference.
"After completion of the inquiry, the commissioners shall submit a report to the governor, within three months from the first day of sitting of the commission, or within such extended time as may from time to time be granted," Lim added.- Mkini
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