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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.
<P>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.</P><P>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.</P><P>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.</P><P>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.</P><P>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.</P><P>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.</P><P>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.</P><P>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.</P><P>There were conflicting
reports on Syabas’ eligibility for a tariff hike, they said.</P><P>They also said
the audit report was crucial because it formed the basis for the tariff hike.</P><P>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.</P><P>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</P><P><I>Source: http://www.bernama.com.my/bernama/v3/news.php?id=241515</I>
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com