Court blocks MTUC's bid to scrutinise water deals

PUTRAJAYA: The Malaysian Trades Union Congress (MTUC) and 13 water consumers have no legal right to access the audit report and water concession agreement involving the Federal Government, Selangor Government and Syarikat Bekalan Air Selangor Sdn Bhd (Syabas), ruled the Court of Appeal.

Justice Datin Paduka Zaleha Zahari, leading a three-man panel yesterday, in a 2-1 majority decision overruled the decision of a Kuala Lumpur High Court which had ordered the Federal Government to make those documents public.

Justice Zaleha and Justice Datuk Seri Abu Samah Nordin ruled in favour of the Federal Government, with Justice Datuk Mohd Hishamudin Mohd Yunus dissenting.

Justice Zaleha said the 13 respondents were not adversely affected by the decision of then Energy, Water and Communications Minister Datuk Seri (now Tun) Dr Lim Keng Yaik, to deny them access to the two documents.

She also ruled that MTUC failed to establish it had fundamental or legal right to the concession agreement and audit report.

“The High Court judge had accordingly erred in allowing the (MTUC and the 13 water consumers) application,” said Justice Zaleha.

She also ordered the respondents to pay RM5,000 in legal costs, after allowing their request that they pay nominal costs for proceedings at the Court of Appeal and the High Court because the issue before the court was of public interest.

In a dissenting judgment, Justice Mohd Hishamudin said the respondents had the locus standi since water was a basic necessity of life.

“Determination of rates must be transparent. Good governance requires transparency. Water users have the legitimate expectation to know the process involved in determining the increase in tariff,” he said.

MTUC and the 13 others, including its former chairman Syed Sharir Syed Mohamud, and two children, aged 10 and 15, obtained leave from the High Court on June 14, 2007 to commence a judicial review against the minister’s refusal to grant them access to the documents.

They said that as water consumers in Selangor, Putrajaya and Kuala Lumpur, they had the right to gain access to the audit report and the concession agreement signed Dec 15, 2004.

Ang Hean Leng, counsel representing the respondents, said they would bring the matter up to the Federal Court. — Bernama