Nik Nazmi: Sri Muda flood ruling highlights need for climate law

Bersama co-leader Nik Nazmi Nik Ahmad said that the High Court’s ruling on the 2021 Taman Sri Muda floods highlights the urgent need for a climate change law and national adaptation policy.

The former natural resources and environmental sustainability minister said the court's rejection of the "act of God" defence showed that the impacts of climate change and extreme weather events could not simply be treated as being beyond the government’s control.

In a statement today, he said the ruling also reinforced the principle that climate adaptation was a responsibility shared by the federal, state, and local governments.

"This matter requires far more serious attention from all levels of government moving forward.

"For Malaysia, the need to pass and implement the National Climate Change Bill and the National Adaptation Plan (MyNAP) has become increasingly urgent.

"There should be no further delays, particularly regarding the bill, given that it has been ready for tabling in Parliament since last year," Nik Nazmi (above) asserted.

On Sept 29, the Shah Alam High Court found the government, the Selangor Irrigation and Drainage Department (DID), and Shah Alam City Council (MBSA) liable over losses suffered by 50 residents in the December 2021 floods (above), which killed 12 people.

The court rejected the government’s “act of God” defence, saying it could not apply where reasonable human intervention was possible, and found the authorities’ inadequate response amounted to negligence, according to Free Malaysia Today.

Last month, Deputy Natural Resources and Environmental Sustainability Minister Syed Ibrahim Syed Noh said the Climate Change Bill was expected to be tabled during the year-end Dewan Rakyat sitting and, if passed, implemented next year.

The Edge reported him as saying that carbon taxes had hindered the tabling of the bill, which was initially expected to be tabled earlier this year.

Integration across govt portfolios

Commenting further, Nik Nazmi said climate adaptation should be integrated across government portfolios, with planning taking into account long-term risks.

He said this should include not only the anticipation of risks but also strengthening and upgrading infrastructure, land-use planning and emergency responses, as well as reducing the impacts of extreme weather events.

"As we approach a series of state elections and, ultimately, the general election, Malaysians must be prepared to question political parties and candidates regarding their policies and plans to address this challenge.

"No party or coalition can claim to offer responsible governance if they deny this existential challenge or fail to plan for it," he added.

He stated that while global cooperation on climate change remained important, each country’s adaptation and mitigation plans were fundamental to those efforts.

Due to this, Nik Nazmi said an inclusive and effective climate response should be treated as one of the national commitments Prime Minister Anwar Ibrahim highlighted in his Malaysia Day speech this year.

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