Governmentt wins stay order on water concession ruling

The Energy, Water and Green Technology Ministry and the federal government have succeed in their application for a stay of execution of a High Court order to make public by Monday a water concession agreement and its audit report.

Judicial Commissioner Hadhariah Syed Ismail of the High Court in Kuala Lumpur granted the stay, noting that if it was not granted and if the appeal before the Court of Appeal was successful, then the Federal Government's application would be rendered nugatory.

"I am in a dilemma in granting the order as I truly feel there should be transparency in the deal, as water is a basic right," he said.

However, Hadhariah has accepted the Malaysian Trades Union Congress (MTUC) demand that the Attorney-General's Chambers files an application seeking an early date for the appeal to be heard.

MTUC president Syed Shahrir Syed Mohamud (centre in photo) expressed sadness over the decision, saying it seemed the government was going back on its promise of transparency, and openness in its administration.

Klang MP Charles Santiago (left in photo), who is also one of the applicants, said the Federal Government was going back on its policy of ensuring transparency and openness in its dealings, which were reiterated in the New Economic Model and 1Malaysia policy.

"It will be seen as a flip-flop, and will not send the right signals to investors."

The ministry and federal government in appealing the decision and citing its grounds for the stay, said disclosure of the contents of the agreement between the federal government, Selangor government and Syarikat Bekalan Air Selangor (Syabas) would upset the administration of the government.

The Selangor government, which was originally a party to the public interest suit, did not appeal Monday's decision as it supports the move for such documents to be made public.

courtesy of Malaysiakini