Does Classifying These Documents Under The Official Secrets Act Encourage/Conceal Corruption?

Several documents related to claims by contractors for extra funds for government projects have been classified official secrets after leaks to third parties. They cannot be distributed to any outside party and will be classified sulit (government secret) under the Official Secrets Act.

They are:
• The assessment report by the officer in charge of overseeing a government project;

• Comments by the government Claims Committee;

• Minutes of the Claims Committee’s meeting;

• The document stating the decision of the Claims Committee; and,

• The document which proposes the ex-gratia payment to be paid.

Public Works Department (PWD) director-general Datuk Wahid Omar said that although contractors awarded government contracts had the right to file for claims for additional funds to complete government projects, they should not have access to official documents where matters related to their case were being discussed.

"The Attorney-General said there had been many cases where contractors were able to produce copies of documents as well as minutes of meetings of the Claims Committee which discussed their case for additional funds from the government.

"These contractors were also able to produce documents which stated the decisions of the Claims Committee as well as other related official documents.

"Under such circumstances, the government’s position would certainly be compromised if the dispute is referred to the courts. It could also be difficult for the A-G to effectively defend the government."

Wahid said this in a recent directive to directors of all divisions in the PWD as well as in the states, state water supply heads, district engineers and those heading government departments involved in the construction industry.

Contractors usually file their claims with the Claims Committee which then decides whether these were justified. At the same time, a government officer in charge of overseeing the project would also file his report on whether the contractor had a legitimate claim. If the contractor is unhappy with the decision, he may file a suit.

When such a dispute arises, the matter would be referred to the A-G. "If contractors have access to these documents, particularly if the government officer and the Claims Committee have different opinions, then it could make the government’s case difficult if it goes to court."

There had been several cases where the government had to pay more for the completion of projects. Among these were the Matrade, the Navy Recruitment Training Centre (Pularek), and projects such as prisons, hospitals and schools. (NST)

***** While the reasons given above sound reasonable for the classification of these documents under the OSA, the very same Act can also be used to prevent others from finding out about any hanky-panky or irregularities when ridiculous amounts are paid out as compensation disguised as extra funds. The possibilities for wrongdoing or abuse by the authorities in fact increase substantially after bringing the process under the purview of the Official Secrets Act. The only person to straightaway benefit from this is the minister-in-charge, Datuk Seri Samy Vellu, for now he wouldn't have to go out of his way to defend charges of overpayment etc. All he has to do is chant the magic words, "OSA."
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