JUSTICE FOR PENAMPANG | SABAH – STOP DECADES OF FLOODS & SUFFERING | HOLD THE FEDERAL GOVERNMENT ACCOUNTABLE | NO MORE BROKEN PROMISES  

PREAMBLE | A COMMUNITY AT BREAKING POINT

We, the undersigned, are people of Penampang | Sabah - Families, Farmers, Shopkeepers, Workers, and Students. For decades, we have endured a relentless cycle of devastating floods that has become a defining, tragic feature of our lives. 

Our homes, vehicles, crops, businesses, schools and places of worship have been repeatedly inundated and destroyed. Our children live in constant fear of the next rainstorms. We have lost lives and livelihoods. The financial cost is immense, but the emotional and psychological toll on our community is immeasurable. 

We are exhausted by the routine of disaster, evacuation and the distribution of temporary relief. We demand and deserve permanent, proactive and preventive solutions to end the flooding crisis.

A CRISIS OF GOVERNANCE | NOT JUST NATURE

For years, the Federal Government has made public announcements of hundreds of millions of Ringgit in allocations, issued countless promises of mitigation, and staged high-profile site visits. Yet the flood crisis has only worsened, culminating in repeated disaster declarations, most recently in 11th September 2025.

This is not merely a natural disaster - it is a man-made crisis born from catastrophic failure of governance. It is a crisis of negligence, inexcusable delays and the breaking of fundamental fiduciary and statutory duty owed to the people of Penampang | Sabah. 

TIMELINE OF BROKEN PROMISES | 2021 – 2025 |

The gap between promises and reality is stark and undeniable. 

| 2021 - 2025: Over RM995 million announced for Penampang | Sabah flood mitigation projects [ RM9m, RM481m, RM5m, RM500m ]. 

| 2021 - 2025: Major floods have occurred every single year, with Disaster Declarations Becoming A Routine part of life in Penampang | Sabah.

| Reality: There is a complete lack of public information on where the allocated funds have been spent and why the projects have stalled. Our district remains submerged while promises remain empty. 

| Note - Sept 15, 2025 | The Prime Minister approved an immediate allocation of RM10 million from the National Disaster Fund for relief operations. This is another reactive temporary relief measure. It does not address the systemic failure to implement the long-term mitigation projects that would prevent these disasters in the first place.

THE CYCLES IS ENDLESS

 Announcements → Empty Promises → Flood Disasters → Announcements

A MULTI-FACETED LEGAL FAILURE | HOLDING FEDERAL GOVERNMENT ACCOUNTABLE

The suffering of Penampang | Sabah people is not just a political or administrative failure; it is a profound legal failure. The Federal Government inaction constitutes a breach of duties established under the Federal Constitution, federal and state laws, and the government's own administrative frameworks. We present a multi-pronged legal argument to demand accountability :

Part A: Breach Of Constitutional Duty Under The Concurrent List

| The foundation of governmental responsibility in this matter lies in the Federal Constitution of Malaysia. The Ninth Schedule of the Constitution outlines the division of legislative powers between the Federal and State governments.

| Shared Responsibility: Item 8 of the Concurrent List (List III) explicitly lists "Drainage and irrigation" as a matter over which both the Federal Parliament and the State Legislatures have the power to make laws. This establishes a clear, constitutionally mandated shared responsibility. However, given that the Sabah State Government is heavily reliant on Federal Government Development Funding & Allocations, the approval and implementation of all drainage, irrigation, and flood mitigation projects is effectively subject to the discretion of the Federal Government. This creates a situation where the implementation of these critical projects in Sabah is contingent on federal approval and prioritization, often limiting the state’s autonomy in addressing its local development needs.

| Assumption of Duty and Legitimate Expectation: By repeatedly and publicly announcing nearly one billion Ringgit in federal funding specifically for Penampang | Sabah flood mitigation projects, and by dispatching federal ministers and agencies to the area, the Federal Government has unequivocally assumed a primary role and responsibility for resolving this crisis. These actions created a legitimate expectation among the people of Penampang | Sabah, that the Federal Government would execute its promises and fulfill its Duty Of Care. 

| The Breach: The Federal Government's failure to implement drainage, irrigation, and flood mitigation projects, despite having approved and allocated the necessary funds, constitutes a serious breach of its Constitutional Duty. The people of Penampang | Sabah, should not be made to endure the devastating consequences of decades-long flooding simply due to a lack of action or insufficient funding from the Federal Goverment. The ongoing neglect leaves the community vulnerable, with their safety and well-being compromised.

OUR DEMANDS FOR IMMEDIATE ACTION AND FULL ACCOUNTABILITY 

We are TIRED OF WAITING. We demand immediate, transparent, and legally binding action. We demand that the Government fulfill its duties by adhering to the following:

1.Complete Financial Transparency: Immediate publication of a comprehensive, itemised, and independently audited report detailing all allocations and expenditures for Penampang | Sabah flood mitigation projects from 2021 to 2025.

2.Binding Timelines and Public Disclosure: Publication of a definitive completion timeline for all delayed Flood Mitigation Packages (1, 2, 3, and 4), including the names of the appointed contractors and their contractual obligations.

3. Resolution of Delays: A transparent public disclosure of all land acquisition and utility relocation issues that are impeding project progress, accompanied by a concrete action plan and deadline to resolve these issues.

4.Mandatory Public Reporting: The implementation of Quarterly Public Progress Reports, to be published online and in local media, detailing the physical and financial progress of each mitigation project until all are certified complete.

5.Independent Community Oversight: The establishment of an Independent Oversight Committee, with meaningful representation from the Penampang | Sabah community, to monitor project progress, prevent further delays, and ensure funds are used effectively and without abuse.
 

ENOUGH IS ENOUGH | THE FINAL RECOURSE

We have exhausted all avenues. Our pleas have been ignored and our patience has run out. The continued suffering and destruction of our community and district is unacceptable and unlawful.

If these reasonable and just demands for immediate and concrete action are not met, we will have no alternative but to seek justice through the courts. We are fully prepared to initiate legal proceedings, including applying for Judicial Review in the High Court. 

We will seek a mandatory order (mandamus) to compel the Federal Government, specifically the Ministry of Energy Transition and Water Transformation and the Department of Irrigation and Drainage (JPS), to fulfil their non-negotiable statutory duties. This legal action will be based on the multiple grounds of illegality, irrationality, and procedural impropriety, including:

1.Breach of Constitutional Duties arising from the Concurrent List of the Federal Constitution.

2.Breach of legitimate expectation created by years of public promises and funding announcements.

3.Gross negligence and breach of Fiduciary Duty in the management of public funds allocated for flood mitigation.

This legal action is not a step we take lightly, but it is a necessary one to uphold the rule of law and defend our right to a safe and secure future.

SIGN & SHARE THIS PETITION

We, the undersigned, demand Justice for Penampang | Sabah. We demand an end to decades of floods and suffering. We demand that the Federal Government be held accountable for its negligence and broken promises. The time for excuses is over! The time for action is now!