KUCHING: Jepak Holdings Sdn Berhad will initiate committal proceeding to hold about 300 headmasters for contempt in refusing to obey the Court Order.
Its spokesman Dr Gabriel Walter said pursuant to the Court Injunction Order dated 26th November 2019, the company had ordered the Defendants (the Ministry of Education), its officers, directors, servants, agents, employees, and anyone else acting on its behalf, in writing on Feb 27, 2020, to stop using the company’s diesel generator sets in the schools.
He said they also warned that headmasters, maintenance contractors or operators who fail to comply with this interim injunction order might be subject to penal provisions of non-compliance with the Court Order.
“We have found out that the 300 school headmasters are still using our company’s generator sets although we have issued notice to stop them using our generator sets.
“So they have failed to comply with the Court Order, which means we have the right to initiate the committal proceeding to hold them, which may see them end up in jail,” he said when contacted yesterday.
Gabriel said the company had also put notice in writing to the Ministry of Education (MOE) and its officers, directors, servants, agents, employees, and anyone else acting on its behalf, not to remove or in any way dispose of or deal with or diminish the value of any of the assets of the Plaintiff on sites under the said project.
He said based on the contract, the MOE had agreed and undertake that until the payments to the company is made in full, among other assets, the diesel generator sets and diesel fuel remain the property of Jepak.
He said the company has no choice but to take court action against the MOE for not paying them a single sen for work done for the project since January 2018.
He claimed that many subcontractors, mostly small rural businesses were chasing for payment from Jepak, which remained unpaid until now.
Gabriel said the company had on 10 February, 2020, served on the Government of Malaysia, a sealed copy of its application for Summary Judgement together with exhibits and evidence of unpaid works and services relating to the contract for the total amount of RM667.12 million.
He said for the works of Diesel Supply and Generator set Maintenance, the company is claiming an unpaid amount of RM319,302,955.26.
“We are aware, that more than 30,000 rural students and 4,000 teachers will be affected by this order, as much as we are aware that more than a thousand former workers and their families are also affected by the non-payments by the Ministry of Education justice must run its course.
“Therefore, if the Government of Malaysia does not have the funds to pay, we are willing to accept reasonable payment plans to ensure that the rural students of Sarawak and their teachers can continue to have access to electricity.”