MTUC And 13 Individuals Sue Govt Over Klang Valley Water Privatisation. Wonderful News Indeed.

The Malaysian Trade Union Congress (MTUC) and 13 individuals including two children Monday filed a suit against the Energy, Water and Communications Minister and the Selangor and Malaysian governments.

They are seeking a court order to annul the minister's decision not to disclose an audit report and concession agreement on water privatisation in the Klang Valley.

The application for judicial review was filed through Messrs Thomas Philip at the High Court registry here on the ground that they had the right for a satisfactory level of life and to enjoy the highest level of health.

The applicants claimed that the government had fiduciary obligation directly and indirectly to ensure that they had access to safe drinking water and the government should take suitable measures to supervise the water market and to prevent unreasonable profiteering from services relating to the supply of safe drinking water.

They sought a declaration that the audit report and concession agreement signed between Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) and the Selangor government were public documents and not confidential documents.

They 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.

They said 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 like the water market being used for profiteering.

The applicants said the concession agreement was signed by Syabas on Dec 15, 2004 with the Selangor government under which water tariffs were placed under its terms and Syabas only had the right to raise water tariffs according to criteria provided under the agreement.

They claimed a concern had arisen with the minister's announcement that Syabas would be eligible for a 15 per cent tariff increase because of the financial result and operating parameter including the percentage reduction of non-revenue water.

They claimed an audit had been said to have been made last year but still, it did not explain why the tariff increase only took effect on Nov 1 last year and causing the government having to pay compensation to Syabas. There were conflicting reports on Syabas' eligibility for a tariff hike, they said. They also said the audit report was crucial because it formed the basis for the tariff hike.

They said the MTUC had discussed with the other applicants and had written a letter to the minister on Nov 7 last year requesting for the audit report and concession agreement be disclosed, and a further request was made on Nov 23 last year.

However, they said that on Dec 4 last year, the minister in his reply, rejected the request on the ground that the documents had been classified as confidential and government secret. (Bernama)

***** Excellent news that. It looks like as if the courts are the only recourse the people have to stem the greed of our politicians. I hope that the judges remain steadfast in their sworn duty to uphold justice. Congratulations to the plaintiffs. Give the greed merchants a bloody nose.

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