Headline: Malaysia Should Adopt UK’s Corporate Manslaughter Law, Says Ramli Amir.

                                                            

In a recent Jesselton Times report, Ramli Amir urged Malaysia to adopt a corporate manslaughter law similar to the UK’s to hold companies accountable for fatal negligence.

Ramli criticized Malaysia’s current legal framework, which lacks a specific offense for corporate manslaughter, making it challenging to prosecute companies. He explained: “The law requires proof that a ‘controlling mind,’ such as a director, was personally responsible, which is often difficult to establish. This gap leaves victims’ families without justice and allows companies to escape accountability for gross management failures leading to deaths.”

Comment: This is particularly relevant for housing developers and statutory bodies like the Sabah Surveyors Board (Lembaga Jurukur Sabah) and the Housing and Town Development Board/Authority (LPPB). My blog has repeatedly highlighted the dangers of houses built on cliffs without retaining walls. For instance, I’ve observed numerous cracks on the ledge behind these houses. These cracks are frequently re-cemented as a stopgap measure, but this fails to address the root cause. Just last month, I noticed a crack that has since worsened, with one end sinking lower due to land movement. This could lead to land slippage in the near future, yet no substantial action has been taken.

Ramli’s remarks were in response to Law and Institutional Reform Minister Azalina Othman Said, who suggested evaluating the effectiveness of Malaysia’s law enforcement measures and considering amendments to the Penal Code. Azalina also proposed exploring a new law modeled on the UK’s Corporate Manslaughter and Corporate Homicide Act 2007, which allows prosecution of organizations for deaths caused by serious breaches of duty by senior management, even without pinpointing individual fault.

Comment: This raises questions about accountability in cases like those involving senior officers and directors of DBKK, who allegedly covered up for developers obtaining occupancy certificates with falsified as-built survey plans. Similarly, why do directors of the Sabah Surveyors Board delay investigations into complaints against licensed surveyors?

Ramli argued that introducing a corporate manslaughter law would act as an immediate deterrent, especially in high-risk industries like construction and transport. “The threat of prosecution and hefty fines would force companies to prioritize safety in their operations and management systems,” he said.