Decision on S'gor water documents trial put off

The much anticipated court decision on the judicial review sought by the Malaysian Trade Union Congress and 13 others for the disclosure of water concession documents between the state government and Syarikat Bekalan Air Selangor (Syabas) has been postponed.

Justice Mohamed Apandi Ali deferred judgment because the Selangor government legal adviser Zauyah Loth Khan failed to file the written submission.

She has been given an additional 14 days to do so. The case is set for mention on May 4.

Initially, Zauyah was given up to March 23 to file the written submissions on behalf of the state government.

Instead, she informed the court through a letter stating that the Selangor government endorses the applicants' claim for disclosure of the concession agreement, subject to consent of both the federal government and Syabas.

However, the state legal advisor was of the position that the audit report was a federal document and thus the federal government had the full authority to decide whether it is declassified.

Syabas to be intervenor?

According to the applicant's counsel Ang Hean Leng, the court must hear submissions from the Selangor on these matters first before making a decision.

Additionally Mohamed Apandi told counsels representing both parties in chambers that Syabas should be given the opportunity to state whether it wants to be an intervenor in the case.

The postponement was a blow for MTUC and 13 applicants, which included two children aged 10 and 15, who filed the suit on Jan 15, 2007 at the Kuala Lumpur High Court.

The group is seeking a declaration that the audit report and the concession agreement signed between Syabas and the Selangor government on Dec 15, 2004 were public documents.

The applicants argued that they have a right to the audit report and the concession agreement as water consumers in Selangor, Putrajaya and Kuala Lumpur.

They are also seeking an order to reverse the minister's decision to withhold the two documents from the public and a court order for the minister to reveal its contents to the public.

SLA sabotage?

MTUC president Syed Shahrir Syed Mohamud expressed disappointment that the decision has been deferred and suspects that the state legal advisor was undermining the Selangor government.

"Looks like the Menteri Besar's instructions was not followed," he said.

Syed Shahrir was referring to Menteri Besar Khalid Ibrahim's statement on Feb 2 which stated that the state government was in favour of full disclosure for both documents in question and they would cooperate with the courts.

Meanwhile, one of the 13 applicants Charles Santiago accused the state legal advisor of acting against the interest of the state government by failing to file the written submission.

“It appears that the federal government is telling the state legal advisor how to behave and what they should do,” said Santiago, who is also Klang MP.

The state legal advisor in all states are civil servants under the Public Service Department.