LAWYERS have offered help Taman Sri Muda residents in Shah Alam initiate legal action against the parties responsible for the devastating floods of last year. 

They told The Malaysian Insight that it is only fair that the people who have lost their livelihoods be compensated for their losses.

The lawyers are willing to help the residents pro bono.

Lawyer Sachpreetraj Singh Sohanpal said he met with the residents last week to discuss their legal options.

He said the firm was contacted by civil society group Otai Reformis to assist the residents, whom Sachpreetraj said have a viable case against the state and federal governments. 

“We have not instituted any claims yet. But our hope is that we want to do so in time, provided we have the right support. 

“We are waiting for our partners on the ground to put into place a system for us to bring the suit,” Sachpreetraj said.

“We are hoping to get about 100 residents or more to represent, which is not a large number considering how many people were affected by the floods.

“The crux of the lawsuit is that they (federal and state governments) were negligent and had breached their fiduciary duty.

“We plan to institute the suit by the first half of this year. But that depends on how fast the civil society groups can get the residents ready. 

“We are doing this is because we expect a better response and administration from the government. 

“This is a way to get justice for the residents at the very least.”

‘We have done our best’

Selangor executive councillor Izham Hashim said the residents have a right to sue.

The state infrastructure and agriculture committee chairman said the government had done its best to help the people during the floods. 

“It is their (residents) right what they want to do. We can prove to them we have done our maximum on what we could do (at the time). 

“We have done our best. Yes, we do admit there were weaknesses. We can improve. But the reality is that the area (Taman Sri Muda) is low-lying.”

Sachpreetraj said many residents were affected by the floods and unhappy about the compensation they had received.

He said reparation is a complex issue as losses vary from each flood victim. 

“There will be individual claims and collective claims. Damage to homes, vehicles and their belongings will depend on each family. 

“But there will be general claims across the board for all, such as exemplary damages for pain and suffering. 

“So there is no fixed amount. We roughly estimate the damages could run into a couple of millions or more depending how many residents join (the action).”

He said the suit will claim that both state and federal agencies were negligent. 

“They owed a duty of care not only to Sri Muda residents but for other areas as well, that the system in place, which is the drainage, was inadequate to deal with the floods. 

“They also failed in their fiduciary duty to the people, which is another basis for the lawsuit.”

Last year, heavy rainfall over the weekend of December 17-18 caused massive flooding in Selangor, Malacca, Negri Sembilan, Perak and Pahang.

More than 70,000 people were displaced and 54 were killed. Selangor was one of the worst-hit states.

On Thursday, Prime Minister Ismail Sabri Yaakob blamed the Selangor government’s lack of preparation for the chaos that followed the deluge.

He said although MetMalaysia had warned of bad weather as early as November 1, the warnings went unheeded.  – January 23, 2022.