Tuesday, April 19, 2022

Sue government/s for FLOOD - as Local, State and Federal Government has a duty to PREVENT its people from floods?

In December 2021, many in Malaysia suffered the impact of floods. - and this is happening annually. Finally, our Prime Minister is talking about PREVENTING FLOODS  and no more just 'Flood Relief'. 

The government is focusing on seeking comprehensive long-term solutions to the flood problem to reduce risks and the number of affected locations in future disasters, said Datuk Seri Ismail Sabri Yaakob (pic). The prime minister said this would be the main agenda of the National Disaster Management Committee once the post-flood operations were completed, and it would involve state governments, government ministries and agencies, as well as experts in related fields.- Star, 1/1/2022

To deal with FLOODS, primary responsibility is really with the LOCAL GOVERNMENT(Local Councils) and the respective STATE governments. Of course, Federal Government can help in other states, but is fully responsible for the Federal Territory with the relevant Local Government.

What needs to be done?

RIVERS need to be maintained - thanks to logging, erosion and other debris, the depth/width of the river will reduce - hence its capacity to carry water without overflowing its banks and causing flooding. So, there is a need for active RIVER DEEPENING and maintenance. 

Ismail said the measures could include more flood mitigation projects, deepening rivers and other waterways like in Kedah - FMT, 1/1/2022

KEDAH has been doing 'deepening of rivers and other waterways' - hence, it is an experience that Malaysia has. 

Expected that the Pahang and other State governments to have come out and told us what they are going to immediately do to reduce the impact of floods - but to date, there seems to be only silence and inaction on the part of the Pahang(and other State) governments and the Local Councils. 

We are now in April 2022, and after 4 months plus since our PM's announcement, the respective State and Local Government is not moving urgently - soon, it will be December and the floods will affect many all over again.

I was a victim of the flood, where water rose to about 4 feet within hours hence causing massive destruction to furniture, refrigerators, washing machine, computers, etc. If power points are underwater, that meant replacement of all power-points.

The Federal Government gave RM1,000 to victims, and the Pahang State government gave RM500. The Federal government also provided a RM500 voucher when one purchases electrical items damaged by flood. What was paid out was pittance, as losses can range from RM10,000 to RM50,000, not including the time and cost of cleaning, etc

Well, for the last flood, the government estimate losses of about RM6 billion - see https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=496&bul_id=ZlkxS0JnNThiRHk0ZllZajdyVm44UT09&menu_id=WjJGK0Z5bTk1ZElVT09yUW1tRG41Zz09  

It makes sense that the government(Federal, State and Local) act now to prevent floods from affecting the people. 

In some places, every time there is a heavy rain, there are flash floods - WHY? Poor drainage...or too shallow drains >> insufficient to ensure water flows carefully.

Local Government obviously is responsible - they should be acting to prevent floods. Important roads where parts that get flooded should be elevated. There can be dams, and even walls - flood prevention walls, barriers

Drainage - large drainage and waterways that comes into operations, when river level rises to direct water from places where people live/work, to catchment wells or even back to the main river deep enough to handle the water.

Sungai Semantan in Temerloh was the one that overflowed and caused flooding, and as such Mentakab was badly affected but not Temerloh. Should not measures be taken to maybe build a large deep drain earlier on all the way to Sungai Pahang to prevent flooding.

Local Councils have been approving buildings - where former paddy fields, swamps, low areas that use to catch flood water - now to be filled up and built upon - the result is that the flood now spreads much faster and affects more areas... Should not these low lying 'natural flood mitigation sites' be acquired by government and/or preserved.

CAN YOU SUE the government for the FLOOD? Yes, you can and you can sue the Local Council, State Government, the Department/Agencies responsible for Rivers/Forest, etc for their failure to do the needful to prevent floods...

They collect taxes > and it is the duty of the Local Council, State Government and the Federal Government to PROTECT us from floods or at the very least take necessary efforts to prevent our homes/workplaces from being affected by flood.

Victims of flood can go to court and ask the court for a declaration as to who is responsible to prevent/mitigate floods - the Local Council, the State government or the Federal Government, and if they failed in their duty that they should fully compensate the victims for the damages caused by floods.

We do not want a government that prioritize 'flood relief' rather than actually trying to prevent flooding in the first place. Many countries have done this - when will Malaysia do it? Our drains really need to be deeper and bigger - and the local council is responsible for regular(weekly) cleaning of drains ...make sure that drains around Tamans actually flow somewhere like a river...have you come across drains that flow around, and not into rivers...??

Has any Local Council(the Local Government) come up with plans to prevent flood affecting living areas of its people...??? I wonder when we will have LOCAL GOVERNMENT ELECTIONS - then we will have a Local Council not just our there collecting cukai/tax, fees and fines > but more committed to preventing people in their area from floods. In Temerloh local government are, some traffic lights are still not working, some lines on the road remain invisible...I sometimes wonder whether we pay the local council so much monies annually just for them to pay their many workers??? We do not even know where OUR monies go, because there is NO INCOME EXPENDITURE information on websites of many Local Councils...

PH, the PN promised local council elections - but still nothing. If elected, then local Councillors will have to do work for the people, or risk being 'kicked out' in the upcoming elections. 

"... governor of Bangkok has pledged to end the flooding that plagues the capital each year and says he has the tools to do it. Aswin Kwanmuang says the construction of another 2 underground water tanks, in addition to 2 that have been completed, will be done within the next 2 years, helping to put an end to Bangkok’s ongoing flood issues...According to a Bangkok Post report, the Bangkok Metropolitan Administration boss says the project, which has been running since 2018, will put an end to flood misery in the capital. With 2 underground retention tanks built, work has now begun on another 2. Together, the 4 tanks will have capacity to hold the runoff from up to 100 millimetres of rain every day. The tanks will help 4 areas of the capital that are particularly prone to flooding, preventing damage to property, alleviating traffic congestion, and protecting the city’s economy...'

Please do something so that flood will not be an annual affair for many ... What will Malaysia do? After flood, a lot of talk/assurances ....then 'silence' and when another flood comes, ... LET's ACT now, so that flood is MITIGATED if not stopped...  

See earlier posts:-

Finally a PM that wants to 'STOP" flooding - rather than just annually wasting billions to cover losses?

On flood prevention and mitigation - moratorium on logging?Karak, Bentong, PAHANG- 45 Group Statement

Deforestation and whether it made Pahang floods worse in 2021? Federal Government to compensate States for stopping logging activities?

Flood and Workers - Time for Paid CALAMITY LEAVE and other entitlements

 

Flood-stricken Taman Sri Muda residents to sue authorities for negligence


Much of Taman Sri Muda was submerged after the heavy rainfall on Dec 17 and 18, resulting in losses of millions of ringgit.

PETALING JAYA: Flood victims in Taman Sri Muda, Shah Alam, will file a class action in negligence against the authorities over the massive flood that claimed nine lives in their area and displaced nearly 4,000 people last month.

The suit is expected to name the Shah Alam city council, Selangor drainage and irrigation department, the National Disaster Management Agency (Nadma) and the federal and Selangor state governments.About 40 people from Taman Sri Muda had shown interest to be part of the suit, said lawyer Sachpreetraj Singh Sohanpal.

He said the crux of the suit involves negligence, as government agencies owe a duty of care to Selangor residents, including providing sufficient drainage and adequate response in times of disaster.

“Victims, residents, businesses or anyone at all affected by the flood in Taman Sri Muda are welcome to get in touch,” he said.

At least 25 people died in the floods in Selangor, with most of the deaths occurring in Shah Alam. - FMT, 16/1/2022

 

Legal action over Negri flash floods


Ng (second from right) handing over the letter of demand to Aminuddin’s political secretary Mokhtar Ahmad at Wisma Negri.

A group of residents and business operators whose properties were damaged by flash floods in Seremban last November plan to sue the Negri Sembilan government for damages, says Rasah MCA secretary Ng Kian Nam.

Ng, a lawyer who will be representing the group on a pro bono basis, said the suit would be filed next month.

“I will meet the 199 residents and business operators to discuss this. Once we have established how many are prepared to continue with the suit, we will file it, ” said Ng, who is also MCA Civil Society Movement bureau head.

Apart from the state government, the group will take legal action against the Seremban mayor, state Drainage and Irrigation Department director and Syarikat Air Negri Sembilan.

On Jan 29, the victims sent a letter of demand to the parties seeking compensation for the Nov 4 flash floods.

They claimed that the parties were responsible for their losses as the flash floods were caused partly by negligence.

They alleged that the authorities had among others, failed to exercise a reasonable duty of care to manage or open the floodgates around the Sungai Linggi water treatment plant when there was heavy rain upstream, failed to upgrade the floodgate system to release excess water and to provide a better drainage system in the affected areas.

They said they would be seeking RM8.8mil in special damages as well as RM1mil for pain and suffering, exemplary and aggravated damages.

Ng expressed regret that the state government had failed to respond to the letter of demand from the victims.

“The state government failed to respond within 14 days or tell us the findings of their investigations on what caused the flash floods.

“They also failed to explain their plans for the future to prevent a recurrence, ” he added.

On Wednesday, Mentri Besar Datuk Seri Aminuddin Harun said the state government could not be held responsible for the flash floods.

“The flash floods were unexpected and beyond our control.

“It was an act of nature and it happened in other states too.

“In this case, the non-governmental organisation or society that is supporting the residents should also go to other states and support the flood victims there, ” he said after chairing the state exco meeting at Wisma Negri in Seremban.

Aminuddin said his administration had been proactive and helped the victims by giving RM500 each to some 1,000 households and business operators affected by the flash floods. - Star, 20/2/2021

 

 

 

 

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