Penang city council responsible for Bukit Kukus landslide, probe reveals

The Penang Island City Council (MBPP) is one of four parties responsible for the landslide at the Bukit Kukus paired road project site last year, the special committee tasked to investigate the tragedy has found.

This was revealed by committee chairperson Ahmad Zakiyuddin Abdul Rahman at a press conference in Komtar today.

Others found to be responsible are the main contractor Yuta Maju Sdn Bhd, engineering consultant GEA (M) Sdn Bhd, and independent checker G&P Professional Sdn Bhd.

All three companies have been blacklisted and barred from obtaining future projects from the Penang government.

Zakiyuddin said that based on the general government procurement contract administration document prepared by the Treasury, works such as the supervision and monitoring of progress and the building site are the responsibility of MBPP's enforcement officers and their representatives.

"Although MBPP appointed engineering consultant GEA as their representative, this does not absolve them from the total responsibility of ensuring that the project is successful in every aspect," said Zakiyuddin (photo), the Penang deputy chief minister I.

"MBPP is the project owner, but failed in their role, when they are responsible for the entire project.

"The team employed by MBPP at the site to implement the project was not effective, so there is an element of failure on MBPP's part."

Also at the press conference was state exco Zairil Khir Johari, who oversees the public works, utility and flood mitigation portfolio.

A case of negligence?

The landslide, which occurred on Oct 19 last year at the road project site after heavy rainfall, resulted in nine deaths, and raised questions on whether the MBPP and contractors were negligent in their duties to ensure proper safety measures on site.

Asked if the committee recommended any disciplinary action against MBPP, Zakiyuddin said the council has been told to upgrade its work and to check if their team is adequate to complete the remaining 25 percent of works.

"If necessary, they have to review their team so that a similar incident does not recur," he said.

Asked if there would be any internal disciplinary action to suspend or retrain the team responsible, Zairil (photo) said action against MBPP will be revisited after the Safety and Health Department (Dosh) and the police complete their investigations into the matter.

"One of the actions is to ask MBPP to restructure their supervisory team and this would involve their own personnel," he added.

Contractor to be maintained

For any future projects, MBPP has blacklisted the contractor Yuta Maju, which was offered the contract based on an open tender. 

However, the same contractor is tasked with completing the rest of the road project, which is slated for completion in May 2020.

On whether this would constitute a risk, Zakiyuddin said the company had mostly complied with proper standards and specifications in other areas of the project.

"Their performance in other areas is acceptable. The tragic landslide which occurred in October last year only affected a temporary worksite which was built to place machinery to uplift beams onto the elevated highway," he said.

Last month, Dosh lifted its stop-work order on the project, which was initially due for completion at the end of 2018.

Several NGOs questioned the move, saying that the state should release findings of its probe into the incident before the project is allowed to continue.

'Less than satisfactory' mitigation work

Meanwhile, the special committee found that Yuta Maju's mitigation work at the site was "less than satisfactory." based on reports by Ops Lumpur and findings by the Drainage and Irrigation Department.

The temporary platform constructed onsite did not obtain endorsement, and was not designed by a certified consultant, in violation of Board of Engineers Malaysia guidelines.

"The contractor did not have a professional engineer for temporary works (PETW) to design, certify or supervise land/slope works," Zakiyuddin said.

"No drawings or measurements were sent to consultants, and no method statements were submitted.

"The losses of life would not have happened if the containers were vacated as instructed. Safety of the workplace is the responsibility of the contractor."

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