Enforcement must improve


IN the late 90s there was a severe shortage of water in the Klang Valley due to a prolonged drought. Theft of water suddenly became a major crime although this illegal tapping of our water resources had gone on for a very long time earlier.

Theft of electricity was also equally rampant and this was not confined to only illegal factories. All the investigative arms of the relevant agencies were mobilised to combat these thefts as the political climate became heated with public outcry for action to be taken.

These later subsided when the rains returned and the dams filled up.

Many environmental studies have shown that most machinery using combustible engines in our factories, are constantly polluting our waters and air. This is not confined locally but in fact a global problem.

People who have been at the forefront in the battle against the deterioration of our general environmental quality with all the natural resources, have been largely ignored and at times deemed as nuisance to the argument for the greater need for economic development.

Many illegal factories sprouted and it became common practice to flout the strict regulations in place. Most agencies responsible as custodians of our environment have in the past turned a blind eye for reasons ranging to political connections to incompetence.

The compounds in place for the related offences are at the most, a slap on the wrist, as most of these operations are allowed to carry on in the name of socio-economic necessity. Monetary penalties were not really a deterrent.

The use of preventive laws have even been touted in view of the seriousness of the water pollution in an ongoing matter. It could well be another knee-jerk reaction that will not really provide remedy to the source of this scourge.

It will, however, in all probability appease the anger of public outcry and will soon be forgotten once water supply has been restored to normal.

Standard operating procedures are there in all local enforcement agencies to identify utility thefts or our natural resources pollutants.

Forming another special task force is actually an overlapping entity of the available detection methods already in place within the said relevant agencies. Nevertheless, it is a step in the right direction, overlapping as it may be.

How effective they will be, is another matter altogether.

Inconsistent enforcement has become the bane of our criminal justice system. Allegations of the law being applied differently to certain segments of society must be addressed and put to rest. Offences can seem trivial or become major when the system allows politicians to dictate terms.

Enforcement press conferences should be conducted by the respective agency. The executive must be separated from it and this will enhance the doctrine of the separation of powers. It will also allow immediate transparency to the public on the reasons for any action taken.

Authorities concerned can adjust immediately to any misjudgements. This will go a long way to balance the necessary appropriate force as well as getting the public onboard with their immediate input.

Inconsistent enforcement should not wait for the criminal justice system to go the extra yard to set things right especially when action taken is clearly imbalanced.

The executive must practise the separation of powers effectively for the enforcement arm to carry out their duties. It has to be consistent and constantly addressing every situation firmly and fairly so as to ensure that any such severe crisis is not allowed to evolve when it can be nipped in the bud. – September 18, 2020.

* G. Selva reads The Malaysian Insight.


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