KUALA LUMPUR: The High Court here fixed April 2, to give its decision on the application by Malaysian Trades Union Congress (MTUC) and 13 others to challenge the energy, water and communications minister’s decision to deny a request to make public, documents relating to water privatisation.Judge Datuk Mohamed Apandi Ali, who heard the case management in his chambers yesterday, also ordered parties to submit their written submissions, before March 23.
MTUC and 13 others, including two children aged 10 and 15 had on Jan 15, 2007, filed the judicial review application to the High Court, to seek a declaration that the audit report and concession agreement signed between Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) and the Selangor government on Dec 15, 2004 were public documents and not confidential documents.
The applicants 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 between Syabas and the state and federal governments.
MTUC claimed that the report formed the basis for the 15 per cent increase in water tariffs in the Klang Valley, announced by Energy, Water and Communications Minister Datuk Seri Dr Lim Keng Yaik, on Oct 14, 2006.
They contended that the government had an obligation under the law to act in a transparent manner and was responsible in the usual enforcement of regulations pertaining to the water market and in a situation which gave rise to suspicion that the water market was being used for profiteering.
The applicants said they had written a letter to the minister on Nov 7, 2006 requesting for the audit report and concession agreement be disclosed, but was rejected by the
ministry on Dec 4, 2006, on grounds that the documents had been classified as confidential and government secret.
In the judicial review application, the applicants also sought a certiorari order to annul the minister’s decision not to disclose the contents of the two documents and a mandamus for the minister to reveal the contents of the documents to the public.
The High Court granted leave to the applicants on June 14, 2007 after finding that the application for review was arguable and not frivolous. — Bernama