DBKK faces legal challenges if no specific by-laws are created

KOTA Kinabalu’s cycling lanes and “No Plastic Bag” campaign lack specific by-laws, raising questions about enforcement and legal implications.

Mayor Datuk Seri Dr Sabin Samitah confirmed during a town hall session that neither initiative has a formal legal framework.

“For cycling lanes, the by-laws are not in place yet, but they depend on the planning of regulations and policies,” he said.

“We are planning to update the by-laws, and these will include elements like that.”

The city’s 23.5-kilometre cycling lane, completed in 2013 for RM38 million, was designed to promote sustainable transportation.

However, without specific by-laws, the lanes remain vulnerable to misuse, poor maintenance, and pose safety risks to users.

Similarly, the “No Plastic Bag” campaign, which began with restrictions on weekends, is now in its fifth phase, extending the ban to all days across 384 businesses and 373 market vendors.

Despite its success, enforcement without a legal framework has led to concerns among shop operators.

Some business owners reportedly faced threats of license cancellations if they refused to comply with the campaign.

Legal experts have cautioned that such enforcement measures could infringe on business rights and be challenged in court.

Sabin denied these allegations, explaining that the campaign currently relies on voluntary compliance.

He added DBKK has signalled its intention to address these issues by updating its by-laws to include provisions for cycling lanes and plastic bag regulations. – November 30, 2024