Connect with us

News

KL Sinkhole: DBKL Has Immunity from Being Sued by Victim’s Family, Even If It Failed to Ensure Site’s Safety

Published

Feat Image Sue Kl Sinkhole
Source: The Malaysian Reserve & Sin Chew Daily | Facebook & Noor Fahmey Md Azhar/Astro Awani | X

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

A tragic incident rocked our country recently involving a woman who was buried underground after a sinkhole suddenly appeared in Kuala Lumpur’s Jalan Masjid India.

After 9 days of search and rescue (SAR) operations by the authorities, the victim, 48-year-old Indian national Vijayaletchumi has yet to be found and on Saturday (31 August), the operation has officially been called off.

Screenshot 2024 09 01 At 5.28.10 Pm

The distraught family ultimately understands the decision to call off the SAR and on Sunday (1 September), they performed final rites for the victim in a sombre religious ceremony before leaving Malaysia.

While the Government is considering giving compensation to the family for the incident, 1 question many have posed online is whether the victim’s family can take legal action against the Kuala Lumpur City Hall (DBKL) for what had happened.

81724676475 Vijayaletchumy 1

This article seeks to find that answer and accordingly, we’ve gotten in touch with a seasoned legal practitioner and here’s what he has to say.

 

Civil action under the torts of Negligence and Breach of Statutory Duty

Speaking to WORLD OF BUZZ, Malaysian lawyer Mohd Irzan Iswatt, a partner at Kuala Lumpur-based law firm ADIL Legal, asserted that the victim’s family may initiate a civil suit against DBKL.

Given that the city council is a public authority, the civil suit can fall under Breach of Statutory Duty or Negligence.

Image 104

For Breach of Statutory Duty, the right to sue originated in the statute and the remedy to claim damages is provided by the common law. Meanwhile, for Negligence, the right to sue doesn’t originate in statute.

456818724 910257064469155 4250343149648760881 N

The statutes which established DBKL’s statutory duties

As for the Jalan Masjid India sinkhole, Iswatt asserted that the applicable statutes establishing DBKL’s statutory duties are the Street, Drainage and Buildings Act 1974 and the Earthworks (Federal Territory of Kuala Lumpur) By-Laws 1988.

Section 4 of the Street Drainage and Building Act 1974 may apply to the sinkhole incident, as the provision prescribes for local authorities to maintain and repair public streets, which is what the location of the incident was. 

Screenshot 2024 08 30 At 3.53.37 Pm

Furthermore, given that the sinkhole could be caused by earthworks done in the area, Section 70A of the Act below may also apply, with more detailed responsibilities further prescribed in the Earthworks (Federal Territory of Kuala Lumpur) By-Laws 1988.

Screenshot 2024 09 02 At 12.12.55 Pm

 

DBKL and other local authorities have legal immunity 

Image 102

For illustration purposes

However, these are all rather academic as in Malaysia, local authorities such as DBKL are immune from any action, claim, liabilities or demand.

Iswatt revealed that this is prescribed under Section 95 of the Street, Drainage and Buildings Act 1974 below:

Screenshot 2024 09 02 At 12.13.29 Pm

Essentially, this provision gives legal immunity to local authorities such as DBKL from any civil action, even if they didn’t carry out their duties as prescribed by the Act and its bylaws.

In fact, they’re immune from any legal liability even if they fail to carry out any inspection to ensure the Act or any of its by-laws are complied with!

 

The Federal Court ruling for a civil suit on the Highland Towers tragedy

The Infamous Highland Towers Area Could Be Redeveloped Very Soon World Of Buzz 4

Source: fire and rescue academy malaysia | facebook

Iswatt referenced the case of Majlis Perbandaran Ampang Jaya v Steven Phao Cheng Loon & 81 Others [2006] MLJU 49, in which MPAJ was taken to court as the 4th Defendant in a civil suit for the Highland Towers tragedy which took 48 lives.

When the case reached the Federal Court, it was held that MPAJ as a local authority was immune from liability for the incident.

The Infamous Highland Towers Area Could Be Redeveloped Very Soon World Of Buzz 5

Source: novista

In his judgment, Justice Abdul Hamid Mohamad asserted that if local authorities were to be made liable, it would open the floodgates to further claims for economic loss, and this would deplete their financial resources needed for the provision of basic services and infrastructure for the general public.

Abdul Hamid further held that it would be unfair for rate payers’ money to be used to pay out damages for the local authorities’ negligence.

The Infamous Highland Towers Area Could Be Redeveloped Very Soon World Of Buzz

Source: the star

The learned judge asserted,

“In my view, the provision of basic necessities for the general public has priority over compensation for pure economic loss of some individuals, who are clearly better off than the majority of the residents in the local council area,”

Hence, the Federal Court has set a binding precedent that local authorities are immune from any liability. Of course, it’s only applicable to any future cases with similar facts and circumstances, otherwise, the ruling is only persuasive.

Hence, it is up to the court to decide whether DBKL is liable for any claim of damages from the victim’s family should the latter decide to initiate a civil suit.

Image 103

For illustration purposes

However, as we’ve elaborated above, the outlook doesn’t look too positive.

 

Also read: No Need to Declare Jalan Masjid India a Danger Zone Despite Sinkhole Incident, PDRM Says

Collage 125

Source: The Sun
Source: Wikipedia

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.



Just In

Dd Ft 28 Dd Ft 28
News5 hours ago

M’sian Reportedly Killed After Being Stabbed 13 Times By Husband Over Jealousy, Suspect Turns Himself In

A 39-year-old woman was stabbed to death at a house in Taman Tiram, Kulim Hi-Tech, Kedah, yesterday (14 September). According...

Kyan Ft 51 Kyan Ft 51
News23 hours ago

15yo Boy Accused of Stabbing Female Student at PJ School Acquitted of Murder, Will Undergo Psychiatric Treatment

A 15-year-old boy has been freed from a murder charge after the Shah Alam High Court found that he was...

Dd Ft 26 Dd Ft 26
News24 hours ago

PAS Says Najib Razak’s Pardon Delay “Couldn’t Happen On Its Own”, Calls For Govt Explanation

Previously, The Federal Territories Pardons Board was expected to consider Dato’ Sri Mohd Najib Razak’s pardon application over his SRC...

Dd Ft 25 Dd Ft 25
News1 day ago

Netflix Raises Subscription Prices for M’sian Users, With Monthly Fees Up By RM1 to RM7

Brace your wallets, Netflix has raised its subscription prices in Malaysia once again, with monthly fees going up by between...

Dd Ft 24 Dd Ft 24
News1 day ago

Pahang Fisheries Department Probes Viral Claim After Angler Allegedly Catches Piranha At Klau Dam

A viral claim has been circulating online alleging that an angler caught a piranha at Klau Dam in Raub, Pahang....

Dd Ft 23 Dd Ft 23
News4 days ago

51yo Thai Man Arrested After Allegedly Sexually Abusing Koi Fish At Private Pond

A 51-year-old Thai man was arrested on 10 September 2026 after he was allegedly caught entering a private fish pond...

Kyan Ft 1 1 Kyan Ft 1 1
News4 days ago

Selangor Declares Public Holiday on 25 Oct for Sultan’s Silver Jubilee

The Selangor state government has officially declared 25 October, 2026 (Sunday) as a state public holiday in conjunction with the...

Dd Ft 20 Dd Ft 20
News4 days ago

FDS Crash: Sarawak Govt Gives RM100k to Each Victim’s Family & Covers Their Children’s Education Fees

On 8 September, a Flying Doctor Service (FDS) helicopter (BO-105) carrying five people, including the pilot, was reported to have...

Announcement

Latest Videos



TRENDING TODAY