KOTA KINABALU – Members of the public and other stakeholders in Sabah have slammed Deputy Chief Minister Datuk Seri Bung Moktar Radin over his controversial remark urging road users to remain patient with damaged roads connecting Sandakan and Telupid.
They said this amid Bung Moktar’s “assurances” that a 6.4km stretch of the road – dubbed Jalan Bulan, which has been a bone of contention among netizens and the public – would remain toll-free provided Sabahans were patient.
The long-standing grievances concerning the road are seen as emblematic of Sabahans’ frustrations with the generally poor conditions of roads in many parts of the state.
There have been numerous instances of drivers experiencing burst tires and vehicle damage caused by potholes, earning the road the moniker of Jalan Bulan (“Moon Road”) to reflect its uneven surface.
The damage to the road is often attributed to floods in the area, but Bung Moktar – who is also Sabah’s works minister – insisted in a recent state assembly session that there was no need for repairs as the stretch would eventually be replaced by the new highway.
A contractor, who wished to be identified as Johnny, questioned why the contractors working on the Pan-Borneo Highway did not take on the duty of maintaining the road despite being given control over the site of the upcoming multi-billion ringgit highway.
Johnny, who travels to Sandakan from Kota Kinabalu weekly for work, said he has seen heavy machinery along the damaged roads, some digging up the soil for the construction of the highway.
“To my understanding, when the subcontractors have completed their jobs, the project will be transferred to the Pan-Borneo Highway’s main contractor, before all is handed over to the Public Works Department,” Johnny, who is also involved in the project, said.
“I was wondering whether this road’s maintenance falls under the government or the company doing the highway project.”
Another road user said the Umno leader should not toy with the idea of placing tolls on the new highway, adding that the previous federal government under Barisan Nasional had vowed not to charge users of the highway once it is completed.
Bung Moktar angered road users when he said the highway’s completion would take between two to three years, and that current repairs would “waste” RM200 and RM300 million in taxpayer funds.
The condition of the road is also said to affect the socio-economic situation of east coast townships such as Sandakan, Lahad Datu, and Tawau.
Kalabakan MP Ma’mun Sulaiman said while the general condition of the roads in Sabah are generally “bad”, the economic and social activities of his constituency have also seen a decline.
“We must brace ourselves for accidents and casualties (along this road). According to Bung Moktar, his ministry receives RM200 million from the federal government for the road repairs but he believes the money will be wasted if the roads are being repaired,” Ma’mun said.
“That is neither a reason, nor an answer.”
Compensation for road users
Meanwhile, Sabah Law Society President Roger Chin said those who had incurred damages to their vehicles due to badly maintained roads could hold the government accountable for their losses.
Chin cited Section 5 of the Government Proceedings Act 1956, which stipulates that the government shall be liable for any wrongful act done by any neglect or default committed by any public officer.
However, Chin pointed out an exclusion clause for the act which states that “no proceedings, other than proceedings for breach of contract, shall lie against the government on account of anything done or omitted to be done or refused to be done by the government or any public officer in exercise of the public duties of the government”.
“Simply put, the government is saying that unless there’s a breach in contract, you can’t sue the government for anything done within their public duties,” Chin said.
However, Chin said Section 7(3) states that the government must be responsible if there is proof that it has been negligent or has “trespassed” upon someone’s property.” –The Vibes, June 14, 2022
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