The Federal Court has dismissed an application for judicial review of an appellate court’s decision to bar consumers from accessing an audit report and the concession agreement of Syarikat Bekalan Air Selangor Sdn Bhd (Syabas).
Describing this as retrogressive, Klang MP Charles Santiago (left) said the ruling will limit the function of Selangor’s Freedom of Information Enactment.
The Malaysian Trades Union Congress (MTUC) and 13 others had named the water, energy and green technology minister and Syabas in their application, seeking access to the documents which are classified secret under the Official Secrets Act (OSA).
“I believe something is not right in the audit report. However, we cannot gain access to the two documents now,” said Charles, one of the 13 appellants deemed by the court to have failed the locus standi test in being part of the application.
In the ruling delivered today by Federal Court judge Justice Hasan Lah said only the MTUC has legal standing to initiate the action as it had written to the minister on the matter.
But, like the other 13, it too will not have access to the documents because of the OSA.
“Looking at the whole legal and factual context of the application, especially the fact that this is a public interest litigation, the Federal Court is of the view that the MTUC has shown that it has a real and genuine interest in the two documents. Hence, the MTUC was adversely affected by the minister’s decision,” said Justice Hasan.
“As for the second to the 14th appellants, the Federal Court agreed with the majority view of the appellate court that their dissatisfaction with the minister's decision in rejecting the MTUC's application did not make them persons who were ‘adversely affected’ by the minister's decision.
“The Federal Court opines that, since the second to the 14th appellants did not make the application to the minister, they had not satisfied the test of threshold locus standi under Order 53 Rule 2(4) of the Rules of the High Court and as such, are not entitled to the reliefs sought.”
Chief Justice Arifin Zakaria led the five-member bench also comprising Chief Judge of Malaya Justice Zulkefli Ahmad Makinuddin, and Justices Hashim Yusof and Suriyadi Halim Omar of the Federal Court.
The appellants had sought disclosure of the documents following Syabas’ intention to increase water tariff by 15 percent.
On June 28, 2010, in alandmark ruling by then judicial commissioner Hadhariah Syed Ismail, the Kuala Lumpur High Court had decided that the minister's refusal to disclose the report and agreement had not been made in consideration of the public interest and those adversely affected by the proposed water tariff hike.
On Feb 25, 2011, the Court of Appeal in a majority judgment overturned this decision and ruled that the water agreement - dated Dec 15, 2004 and involving the federal government, Selangor government and Syabas - is confidential.
This led to the application for judicial review in the Federal Court.
Malik Imtiaz Sarwar represented the 14 appellants, senior federal counsel Suzana Atan appeared for the minister.
Describing this as retrogressive, Klang MP Charles Santiago (left) said the ruling will limit the function of Selangor’s Freedom of Information Enactment.The Malaysian Trades Union Congress (MTUC) and 13 others had named the water, energy and green technology minister and Syabas in their application, seeking access to the documents which are classified secret under the Official Secrets Act (OSA).
“I believe something is not right in the audit report. However, we cannot gain access to the two documents now,” said Charles, one of the 13 appellants deemed by the court to have failed the locus standi test in being part of the application.
In the ruling delivered today by Federal Court judge Justice Hasan Lah said only the MTUC has legal standing to initiate the action as it had written to the minister on the matter.
But, like the other 13, it too will not have access to the documents because of the OSA.“Looking at the whole legal and factual context of the application, especially the fact that this is a public interest litigation, the Federal Court is of the view that the MTUC has shown that it has a real and genuine interest in the two documents. Hence, the MTUC was adversely affected by the minister’s decision,” said Justice Hasan.
“As for the second to the 14th appellants, the Federal Court agreed with the majority view of the appellate court that their dissatisfaction with the minister's decision in rejecting the MTUC's application did not make them persons who were ‘adversely affected’ by the minister's decision.
“The Federal Court opines that, since the second to the 14th appellants did not make the application to the minister, they had not satisfied the test of threshold locus standi under Order 53 Rule 2(4) of the Rules of the High Court and as such, are not entitled to the reliefs sought.”
Chief Justice Arifin Zakaria led the five-member bench also comprising Chief Judge of Malaya Justice Zulkefli Ahmad Makinuddin, and Justices Hashim Yusof and Suriyadi Halim Omar of the Federal Court.The appellants had sought disclosure of the documents following Syabas’ intention to increase water tariff by 15 percent.
On June 28, 2010, in alandmark ruling by then judicial commissioner Hadhariah Syed Ismail, the Kuala Lumpur High Court had decided that the minister's refusal to disclose the report and agreement had not been made in consideration of the public interest and those adversely affected by the proposed water tariff hike.
On Feb 25, 2011, the Court of Appeal in a majority judgment overturned this decision and ruled that the water agreement - dated Dec 15, 2004 and involving the federal government, Selangor government and Syabas - is confidential.
This led to the application for judicial review in the Federal Court.
Malik Imtiaz Sarwar represented the 14 appellants, senior federal counsel Suzana Atan appeared for the minister.
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