DAP fully supports any court challenge filed by the Penang state government against the vicious unconstitutional act of the Kedah Menteri Besar Muhammad Sanusi Md Nor to illegally reduce water supply at Sungai Muda and force 1.8 million Penangites to drink muddy water. Muhammad Sanusi had announced a riverside water catchment project that may lead to Sungai Muda drying up at its southern end in Penang, thus throttling water supply that provides 80% of Penang’s water needs.
Muhammad Sanusi had said that the Takungan Air Pinggiran Sungai (TAPS) project, is funded by the Ministry of Environment and Water, consists of barrages or barriers to “stabilise” the river water level. He said that 14 TAPS will be built in different locations, with depths up to 20 meters to 30 meters and up to a kilometre wide.
Even though Muhammad Sanusi said that the possibility of Penangites drinking muddy water is only an early warning, this is obviously a threat by him to bully and force Penang to pay raw water charges for using the Sungai Muda on Penang’s side of the river. Muhammad Sanusi is irresponsible to resort to such bullying tactics, when paying for water on Penang side of the border is both illegal and unconstitutional.
First, the various agreements between both states as well as the Kedah and Penang (Alteration of Boundary) Act 1985 has concluded the agreed altered boundaries between the two northern states. Apart from this Act, the legal doctrine of riparian rights is enshrined in the Federal Constitution. The Ninth Schedule (Legislative Lists) lists out water, control of silt and riparian rights as State matters.
A riparian owner, whether a landowner or a state like Penang, possesses an inalienable right to use and extract from Sungai Muda when it runs on the side of Penang’s border, where the course of the river cannot be artificially manipulated, altered or realigned. Muhammad Sanusi’s intention to reduce water supply in Sungai Muda, would definitely be challenged in court to reaffirm the constitutional principle that Penang has the right to receive a natural flow of water in its usual quantity and quality.
Muhammad Sanusi should not forget his legal duty NOT to disrupt and interfere with the water flow of Sungai Muda and the riparian rights of Penang. Should Muhammad Sanusi carry out his threat, then Penang as a riparian owner can seek compensation for any disruption that polluted, affected the quality and quantity of water within Sungai Muda.
What is shocking is that the Federal government is conspiring with the Kedah Menteri Besar to violate and rob the riparian rights of Penang. Since the Minister in charge and the Kedah Menteri Besar comes from the same political party, is this another act of political vengeance against Penang that is run by Pakatan Harapan?
Instead of advising Muhammad Sanusi to abide by the law and constitutional provision, the Federal government has chosen to work in cahoots with Muhammad to bully Penang to the extent of forcing 1.8 million Penangites to drink muddy water. This is cruel and inhumane against fellow Malaysians and will be condemned not just by Malaysians but also by history.
Court action would be vigorously filed against both Kedah Menteri Besar Muhammad Sanusi and the Environment and Water Minister Tuan Ibrahim Tuan Man to protect the water supply to Penang and not allow 1.8 million Penangites from drinking muddy water.