Authorities to probe Paya Terubong landslide, legal action possible if negligence found

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THE Penang authorities will consider legal action against any party found to have been negligent or in breach of regulations following the landslide at Taman Seri Rambai, Paya Terubong, as investigations into the Oct 25 incident continue.

 

Penang Island City Council (MBPP) mayor Datuk A. Rajendran said the authorities would first establish precisely what had happened at the site before determining whether any party should be held accountable.

 

“If the investigation finds negligence or a failure on the part of any party, the necessary legal action will be taken based on the findings and any breaches of the relevant laws,” he said during a press conference at the State Legislative Assembly Building in Lebuh Light today.

 

Rajendran was responding to questions on the possibility of negligence, particularly concerning the history of slope stabilisation works carried out in the area.

 

He explained that slope stabilisation works had been undertaken before the commencement of the proposed road construction project, as a safety requirement under the approved development plans.

 

“Before any work could begin at the site, slope stabilisation had to be carried out for safety purposes. This was in accordance with the approvals given to the consultants and the developer.

 

“The proposed plans also went through various consultants, an independent checker and the Hill Land Committee, involving technical agencies including MBPP, the Department of Occupational Safety and Health (DOSH) and the Department of Mineral and Geoscience Malaysia (JMG),” he said.

 

Meanwhile, state Local Government, Town and Country Planning Committee chairman H’ng Mooi Lye said the immediate priority was to ensure that appropriate mitigation measures were implemented to prevent a recurrence, particularly with the possibility of heavy rainfall.

 

He said MBPP had issued a notice under Section 70A of the Street, Drainage and Building Act 1974 (Act 133) on Oct 25, ordering the suspension of earthworks at the project site.

 

Among the immediate measures required from the developer and its contractors were covering exposed soil and slopes with geotextile materials, introducing suitable vegetation to reduce rainwater infiltration, and improving drainage systems to channel surface runoff safely away from the affected slope.

 

“We have asked the developer and its contractors to cover the exposed slope with geotextile and introduce vegetation to minimise rainwater from penetrating the slope.

 

“We have also instructed them to provide proper drainage channels to divert rainwater from the upper part of the hill so that it does not flow directly onto the affected slope,” he said.

 

H’ng added that DOSH had conducted an investigation at the site on Oct 29 to establish the cause of the slope failure.

 

On the safety of nearby homes, he said MBPP had issued notices under Section 83 of the same Act, declaring four houses, numbered 1, 3, 5 and 7, unsafe for occupation.

 

However, two other houses, numbered 9 and 11, which were among six previously ordered to be vacated, had since been allowed to be reoccupied following an update at the second special meeting of the Northeast District Disaster Management Committee (JPBD) for 2026.

 

“We currently have four houses that must remain vacated. We will have to wait for the outcome of the discussion with DOSH before determining when the affected residents can safely return.

 

“We cannot simply tell them to return without taking into consideration the concerns and recommendations of the investigating authorities,” he said.

 

H’ng said a meeting involving the relevant departments and agencies would be held on Nov 2 in Komtar to review the investigation’s progress, the implementation of mitigation works and further action required.

 

The meeting, which he will chair, will involve DOSH, JMG, the Department of Irrigation and Drainage (JPS), the Public Works Department (JKR), the District and Land Office (PDT), MBPP, the police and the Fire and Rescue Department.

 

MBPP had also written to the developer and its consultants on Oct 26 seeking professional confirmation on the safety of the slope near the affected houses before further decisions could be made.

 

Story by Kevin Vimal
Pix by Law Suun Ting