NOW that a disaster has happened and lives lost, a Commission of Enquiry is to be set up to find out why the landslide occurred in dry weather. 

How far will enquiries go to find the root cause of the disaster?

The announcement that the contractor concerned will be blacklisted in Penang is meant to placate residents that “firm” action is being taken.

“While we do not wish to speculate, strong suspicions remain of professional negligence, defects in monitoring and non-compliance with work safety procedures,” Chief Minister Lim Guan Eng had said. 

However, he has totally ignored the root cause that led to this disaster: the state government’s policy on hill slope developments.

What happened to the hill slope development guidelines that forbid development above a certain height, as well as on slopes exceeding a certain gradient?

Besides height and gradient, aren’t there other factors that need to be taken into account?

The ultimate question is: why was development approval given in the first place?

The state authority is responsible for this.

Will the terms of reference of the Committee of Enquiry include enquiring into the goings on in the planning department that approved this and other projects?

Approval given for re-zoning three rows of double-storey shophouses in a residential/ commercial zone in Permatang Damar Laut into “industrial” may throw some light on what seems to matter most in such “development” policy.  

The re-zoning is inconsistent with the law that prohibits any form of industry from operating in residential zones and it was done without the approval of the Department of Environment.

The guideline presented to the state planning committee for approval of the re-zoning highlighted the monetary benefit to be derived by the conversion from “residential/commercial” to “industrial”, despite the Penang Island City Council earlier saying action was going to be taken against the illegal industries.

There was a full about-turn to legalise the industries by conveniently re-zoning the premises concerned into “industrial”.

To convert commercial premises to industrial:

a) a fee of RM100 per square metre is payable,

b) a contribution is payable to the “Improvement Service Fund” following increase in land value at the rate of 50% of the difference between the value of “Zon Perumahan Am” and Zon Industri”, and

c) a further payment must be made if there is an increase in the earlier approved density.

So in making money, laws can be sidestepped.

Staying just across the road from the residential zone turned industrial, it is residents who pay the price with their comfort and health while the state makes money.

Does this “money first” policy apply in approving other development projects, such as the one in the landslide disaster?

* Ravinder Singh is a retired lecturer and social activist in Penang.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.