When floods kill people and devastate an entire neighborhood, governments may be tempted to frame the destruction as an unavoidable natural disaster.
On Sept. 29, a court in Malaysia pushed back on that argument, issuing a ruling that could carry weight far beyond one community still living with the aftermath of the 2021 Taman Sri Muda floods.
Here's what to know
According to Free Malaysia Today, the Shah Alam High Court ruled in favor of 50 Taman Sri Muda residents who sued over alleged negligence and breach of statutory duty linked to the 2021 floods, in which 12 people died. The decision held the federal government and two Selangor agencies liable and rejected the idea that the disaster was simply unavoidable.
Judicial Commissioner Shoba Rajah said the residents had proven that the government could have, and should have, done more to prevent the tragedy.
"The court holds that the plaintiffs established a foreseeable duty of care arising from the defendants' (government) operational functions and disaster management responsibilities," she said.
She also rejected the government's attempt to frame the flooding as an uncontrollable natural event. Shoba said, "The defence's 'act of God' argument is inapplicable where reasonable human intervention was available. Negligence has been established. Foreign doctrines of immunity are irrelevant under Malaysian law."
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The judgment pointed to failures in both forecasting and emergency response. The meteorological department did not issue warnings at the correct danger level in time, despite forecasts meeting the necessary thresholds, and the National Disaster Management Agency was faulted for poor coordination.
More background
At the heart of the case was how authorities handled the emergency as it unfolded — from alerts and command structure to rescue work on the ground.
On that point, the court said the disaster agency "failed to escalate disaster response, maintain a central coordination hub and deploy the Special Malaysia Disaster Assistance and Rescue Team effectively" during the floods.
Shoba further said that "the authorities failed to manage the incident scene effectively, leaving search and rescue efforts largely to NGOs and members of the local community."
Responsibility also extended to the Selangor Irrigation and Drainage Department (JPS) and Shah Alam City Council (MBSA), which the court found jointly liable alongside the federal government.
Compensation has not yet been determined. The court scheduled Oct. 6 for case management to set a hearing date on damages, which will decide what the 50 residents should receive.
Where can I learn more?
Cases and investigations show how human decisions can worsen flooding — and who gets held responsible afterward. They cover lawsuits over deadly floods, alleged links to deforestation and logging, and debates over what really caused catastrophic inundation.
• In Indonesia, officials called it a pivotal moment as six companies faced claims over deadly floods and landslides.
• On Sumatra, authorities said companies must be held fully responsible for floods blamed on deforestation.
• Across Southeast Asia, authorities linked an extraordinary crime to illegal logging that heightened deadly flood risks.
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