Shah Alam High Court finds government agencies negligent over 2021 flood
The Shah Alam High Court ruled that the federal government and two state agencies failed to meet expected disaster-management duties during the 2021 flood, holding them liable.
In a decision at the Shah Alam High Court, Justice Shoba Rajah determined that residents successfully demonstrated the government's liability for the 2021 flood based on a balance of probabilities. The ruling rejected the argument that the disaster was solely an act of God, emphasizing that reasonable human intervention was possible. The court held that the National Disaster Management Agency failed to improve response levels, maintain a central coordination centre, and deploy the SMART rescue team effectively.
It also criticized the Meteorological Department for not issuing timely danger-level warnings despite forecast thresholds being met. Joint liability was assigned to the Selangor Water and Drainage Department and the Shah Alam City Council alongside the federal government. Fifty affected residents were represented by a team of lawyers, while senior federal counsel and state legal advisers appeared for the respective agencies.
Why it matters
The ruling could compel significant reforms in Malaysia's flood-response policies and set a precedent for government accountability in disasters.
How the sides frame it
HIGH AGREEMENTAll camps report that the High Court held the government liable for the 2021 flood, but left-leaning coverage highlights the residents’ victory and duty-of-care finding, centrist coverage stresses the court’s rejection of the ‘act of God’ defence and agency failures, while right-leaning coverage emphasizes the government’s fault and the plaintiffs’ claim for damages.
LEFT
Residents are portrayed as winners of a negligence suit that established a duty of care against the government.
CENTER
The ruling is presented as a rebuke of the ‘act of God’ excuse and a critique of specific agencies’ inadequate response.
RIGHT
The story is framed around the government being held responsible and the plaintiffs seeking compensation.
The left emphasises
- Residents won a negligence lawsuit against the federal government and local agencies.
- The court found the authorities owed a duty of care on a balance of probabilities.
- The decision validates the victims’ claims over the 2021 flood.
The right emphasises
- The government was found at fault for the flood damages.
- Plaintiffs are seeking both special and general damages.
- Senior federal counsel declined to comment on a possible appeal.
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