PUTRAJAYA: The Malaysian Trades Union Congress (MTUC) and 12 water consumers can appeal the Court of Appeal’s ruling that they have no legal rights to have access to water concession agreements and the audit report, to the Federal Court.
A five-member Federal Court panel led by Federal Court judge Datuk Hashim Mohd Yusoff unanimously gave the nod to appeal to the Federal Court.
“We are inclined to give leave to appeal on one proposed (legal) question,” said Justice Hashim in allowing their leave to appeal application.
Also presiding on the panel were Justices Datuk Ahmad Maarop, Datuk Hasan Lah, Datuk Zainun Ali and Datuk Jeffrey Tan Kok Wha.
The legal question framed is whether the test of locus standi (legal standing) in the 1988 Supreme Court decision in the Government of Malaysia vs Lim Kit Siang was still applicable in view of the current provisions in the Rules of Court 2012.
Yesterday’s decision paved the way for the Federal Court to re-visit the 1988 Supreme Court case – Government of Malaysia vs Lim Kit Siang – over the requirement in establishing a person’s locus standi to commence judicial review in public interest litigations.
Lawyer Malik Imtiaz Sarwar representing MTUC and the 12 others, submitted that that Supreme Court ruling was restrictive on an aggrieved person to bring a public interest case.
In that case, Lim Kit Siang, the then parliamentary opposition leader, sought for a declaration that the letter of intent issued by the government to United Engineers (M) Bhd to construct the North-South Highway was invalid.
The Supreme Court by a 3-2 majority ruled that Lim had no locus standi or legal standing to bring the action as he (Lim) failed to show that his private rights had been infringed or he had suffered a special damage.
In this case (MTUC and 12 others case), the Court of Appeal in a 2-1 ruling in 2011 held that MTUC and 12 others could not have access to the audit report and water concession agreement signed between the Federal Government, the Selangor government and Syarikat Bekalan Air Selangor (Syabas), on grounds that they did not have the locus standi.
The then Court of Appeal judge (now Federal Court judge) Datin Paduka Zaleha Zahari and Datuk Seri Abu Samah Nordin held that MTUC and the individuals were not “adversely affected” persons.
However, Court of Appeal Judge Datuk Mohd Hishamudin Mohd Yunus, who dissented, held that they had the locus standi since water was a basic necessity of life.
MTUC and the 12 others, including its former chairman Syed Sharir Syed Mohamud, and two children, aged 10 and 15 had named the Energy, Green Technology and Water Ministry and the government as parties to their suit.
On June 14, 2007, they obtained leave from the High Court to commence a judicial review against the ministry’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 on Dec 15, 2004.
They claimed that the audit report formed the basis for the 15 per cent increase in water tariff in the Klang Valley, announced on Oct 14, 2006.
Earlier, Senior Federal Counsel Suzana Atan submitted that the 1988 Supreme Court ruling was still good and leave should be denied. — Bernama