Two Foreigners First Charged Under Malaysia’s Strict New Anti-Littering Law

Landmark Case in Johor Bahru Sets Precedent for National Cleanliness

In a significant development for Malaysia’s environmental enforcement, two foreign nationals have become the first individuals to be charged under the country’s newly implemented anti-littering laws. The cases, heard at the Sessions Court in Johor Bahru on the morning of January 23, mark the beginning of a stricter era in public cleanliness enforcement following the nationwide implementation of the Solid Waste and Public Cleansing Management Act 2007 (Act 672) on January 1. The proceedings have drawn attention to the severe penalties now available to authorities, including substantial fines and mandatory community service orders.

The accused, identified as 28-year-old Bangladeshi national Sultan Md and 49-year-old Indonesian national Anita Lukman, faced charges for separate incidents that occurred in the early hours of New Year’s Day. Both individuals were alleged to have littered in public areas along Jalan Ibrahim Sultan in Stulang Laut, a busy district within the Johor Bahru city centre. The court proceedings highlighted the government’s commitment to utilizing the full extent of its new legal powers to curb the long-standing issue of public waste disposal.

The First Guilty Plea and Sentence

Anita Lukman, an odd-job worker, pleaded guilty to the charge of disposing of solid waste improperly. According to court documents, she threw a cigarette butt and a drink bottle onto the pavement at approximately 12:41am on January 1, failing to use the designated waste bins located nearby. The prosecution, led by Solid Waste and Public Cleansing Management Corporation (SWCorp) officer Siti Adora Rahtiman, argued for a sentence that would serve as a deterrent to both the accused and the general public.

Anita, who was unrepresented by counsel, provided a tearful plea for leniency to Sessions Judge Nor Aziati Jaafar. She explained her precarious financial situation, stating that she is a single mother supporting two school-aged children, aged eight and 15. She emphasized that her inability to work due to legal trouble or financial penalties would directly impact her children’s education.

“I am only helping my friend with odd jobs, and my children will risk skipping school if I do not send enough money home.”

Despite her plea, the court proceeded to impose a punishment consistent with the new legislation. Judge Nor Aziati ordered Anita to pay a fine of RM500 (approximately S$160). In addition to the financial penalty, she was sentenced to six hours of community service. The court specified that she must complete this service within six months, performing up to two hours of work per day. Failure to comply with the community service order could result in a significantly heavier fine ranging between RM2,000 and RM10,000. Alternatively, defaulting on the fine payment would result in a 15-day imprisonment term.

Translation Needs Delay Second Case

The second case involving Sultan Md, a factory worker, did not proceed to a plea on the same day. Sultan was charged with a similar offence, accused of littering in the same area around 1:27am on January 1, just under an hour after Anita’s alleged offence. However, the proceedings hit a procedural hurdle when Sultan requested a Bangladeshi translator, stating that he did not fully understand the nature of the charges brought against him.

Recognizing the defendant’s right to a fair trial and full comprehension of the legal proceedings, Judge Nor Aziati granted the request. The court subsequently postponed the case mention to January 28 to allow for the arrangement of a qualified interpreter. The outcome of Sultan’s case is highly anticipated as it will provide further insight into how the courts handle non-English speakers under the new rapid enforcement framework.

The Scope of the New Legislation

The charging of these two individuals serves as a practical application of the Solid Waste and Public Cleansing Management Act 2007, specifically Section 77A(1), which was fully enforced starting January 1. This legislation represents a major shift in Malaysia’s approach to municipal cleanliness, moving away from mere warnings or small compound fines toward more punitive and rehabilitative measures. The law applies to several states including Johor, Melaka, Negeri Sembilan, Pahang, Perlis, and Kedah, as well as the Federal Territories of Kuala Lumpur and Putrajaya.

Under the amended provisions, offenders can face fines of up to RM2,000. However, the most distinct aspect of the new law is the introduction of the Community Service Order (CSO). This allows the court to sentence offenders to perform supervised public cleaning work for a period not exceeding six months, with a maximum total of 12 hours of labour. This provision is designed to link the punishment directly to the crime, forcing offenders to contribute physically to the cleanliness of the environment they violated.

A Shift from Fines to Rehabilitation

The introduction of community service for littering is a deliberate strategy by the government to instill civic responsibility where financial penalties have historically proven ineffective. SWCorp chief executive Khalid Mohamed has emphasized that this approach reflects a progressive enforcement strategy. It focuses on accountability and education rather than solely on monetary punishment. The aim is to drive lasting behaviour change by making offenders confront the consequences of littering directly.

Housing and Local Government Minister Nga Kor Ming previously stated that the stricter punishments are necessary to cultivate a culture of cleanliness comparable to that of other developed nations. The government hopes that the public nature of the sentencing will serve as a strong social deterrent, discouraging potential litterbugs who might otherwise ignore smaller fines.

What Community Service Looks Like

For those curious about the practical implementation of these orders, SWCorp has conducted simulations to demonstrate the process. Offenders sentenced to community service are required to report to officers for attendance and basic health screenings. They are issued standard safety gear, including masks, gloves, and high-visibility vests emblazoned with the words “Community Service Order.”

During their service, individuals are equipped with straw brooms, dustpans, and litter-picking sticks. They are tasked with removing rubbish from public walkways, sweeping streets, cleaning drains, scrubbing public toilets, and even trimming grass or painting buildings. The work is conducted under the direct supervision of SWCorp officers and often in full public view. Cones and signboards are placed in the area to inform the public that the cleaning is being performed as part of a court order, adding a layer of social embarrassment to the punishment.

SWCorp has assured the public that the safety and health of the offenders are prioritized. Masks are provided to ensure anonymity to some degree, and sessions are limited to a maximum of four hours. A supervisor is assigned for every five offenders to ensure the work is done correctly and safely. The specific type of work assigned is determined based on the offender’s sentence and physical capabilities, ensuring that the task is manageable while still being punitive.

Nationwide Enforcement and Statistics

The cases in Johor Bahru are not isolated incidents but part of a massive nationwide crackdown known as “Ops Cegah.” Since the start of the year, SWCorp has been aggressively enforcing the new regulations. Statistics released by the agency reveal that between January 1 and January 22, a total of 418 littering notices were issued nationwide.

While Johor has been a focal point due to the high-profile nature of these first charges, other states have seen significant enforcement activity as well. Kuala Lumpur tops the list with 127 notices issued, followed by Kedah with 99 notices, and Negeri Sembilan with 61. Johor recorded 58 notices during this period, while Pahang and Melaka recorded 30 and 24 respectively. Of the total notices issued nationwide, 315 were given to locals, while 103 were issued to foreigners, indicating that enforcement is being applied equitably regardless of nationality.

Plainclothes Operations and Surveillance

To catch offenders in the act, enforcement officers have adopted unconventional tactics. In Johor, specifically around the Johor Bahru Sentral area near the causeway, officers have swapped their uniforms for civilian clothing. Dressed in t-shirts, jeans, baseball caps, and sunglasses, they blend in with the crowd of commuters. These plainclothes officers lean against railings, scroll on their phones, and sip coffee while secretly watching for littering violations.

When an offence is committed, such as flicking a cigarette butt into the bushes, officers record the action using their phones before swooping in to detain the offender. This method has proven effective, as many offenders are caught off guard. Zainal Fitri Ahmad, the director of Johor SWCorp, noted that many of those caught were littering despite standing very close to rubbish bins, a behavior he described as disappointing. These operations are ongoing, and the agency is also working with local city councils to utilize CCTV cameras to monitor littering hotspots.

Implications for Foreigners and Tourists

The statistics showing that a quarter of the offenders are foreigners highlight the importance of these laws for the expatriate community and tourists. In Johor alone, 28 of the 55 people caught since January 1 were foreigners. This group includes five Singaporean tourists who were nabbed for throwing cigarette butts. The message from authorities is clear: visitors are not exempt from Malaysian laws.

Foreigners caught littering are issued offence notices and informed of a subsequent court date. Unlike minor traffic violations which might be settled immediately, these littering offences require a court appearance. While foreigners are not barred from leaving the country at the initial stage, authorities have strict measures in place to ensure compliance. If a foreigner fails to show up for their court date or complete their mandated community service, SWCorp will submit a report to the Immigration Department.

This triggers an enforcement action that can prevent the individual from re-entering Malaysia in the future. Zainal Fitri confirmed that the record of non-appearance will be entered into the immigration system, meaning that repeat offenders or those who evade justice will face consequences the next time they attempt to cross the border. This cooperation between SWCorp and Immigration ensures that the law has teeth even against transient populations.

The Bottom Line

• Two foreign nationals, an Indonesian woman and a Bangladeshi man, are the first to be charged under Malaysia’s new anti-littering law in Johor Bahru.
• Anita Lukman was fined RM500 and sentenced to six hours of community service after pleading guilty to throwing a cigarette butt and a bottle onto the street.
• The new Solid Waste and Public Cleansing Management Act 2007 (Act 672) allows for fines up to RM2,000 and up to 12 hours of community service for littering.
• Nationwide enforcement has resulted in 418 notices since January 1, with Kuala Lumpur recording the highest number of cases.
• SWCorp is using plainclothes officers and surveillance to catch offenders, with 103 of the notices issued to foreigners.
• Foreigners who fail to attend court or complete community service will be reported to the Immigration Department and may face bans on re-entry.