A PROPOSAL to hold plantation owners accountable for wildlife-related incidents remains in limbo five years after it was first announced in 2018, with Tourism, Culture, and Environment Minister Datuk Seri Christina Liew expressing uncertainty about its progress.
The strict liability clause, intended to be added to the Sabah Wildlife Conservation Enactment, was introduced during Liew’s first term as minister.
It aimed to make plantation owners liable for incidents such as elephant deaths occurring on or near their properties, a move seen as tackling human-wildlife conflicts, particularly involving elephants.
Liew, who held the same post from 2018 to 2020 and was reappointed in 2023, admitted that the clause has not been revisited in recent years.
During her time as the minister in 2018, the state government implemented a strict liability policy in which landowners will be deemed responsible for the deaths.
The rule will also apply to all forest reserves and concessions belonging to the Sabah government, such as Sabah Foundation timber concessions as well as smallholders.
“At that time, we had a policy where those able to provide information were asked to identify the responsible party,” she said.
“I need to discuss this with the officials from my ministry. Since then, we’ve had two new [Wildlife] directors.”
The lack of updates has drawn attention following the recent decapitation of an elephant near a plantation in Sabah, an act Liew described as “inhumane.”
“It happened two days ago in the wild jungle, by the side of the road. Who beheaded the elephant? That’s the key question,” she said, her frustration evident.
“Was it a worker? A passerby? The plantation owner? We need to know. But trust me, we will not hesitate to intervene because we do not condone these kinds of activities. It’s very inhumane,” she added.
Liew has directed the Sabah Wildlife Department to conduct a thorough investigation and vowed to take legal action against those responsible.
“Once we identify the perpetrator — I call them a murderer because I’m very upset about this — we will not hesitate to intervene. If it happens again, we will take the individual to court for this act of murder,” she said.
The elephant was reportedly found near a plantation, but the circumstances surrounding its death remain unclear, complicating efforts to assign responsibility.
The limited liability clause was hailed as a necessary step to bridge the accountability gap in human-wildlife conflicts, particularly as plantation expansion encroaches on critical habitats.
However, its delay raises questions about whether Sabah is doing enough to protect its wildlife.
Between 2018 and 2021, over 80 cases of elephant deaths were recorded. The last known prosecution was in 2021 when two individuals were jailed for killing an elephant in Tawau.
Most cases however remain unresolved. - January 23, 202
