FOI appeals board orders disclosure in Selangor parking case, rebuffs OSA exemption claim

 

A Selangor appeals board has partially allowed a resident’s request to access documents related to the Selangor Intelligent Parking System (SIP).

According to the Selangor Freedom of Information Appeals Board’s order dated April 14, the state government has 21 days to disclose certain information requested by the appellant, Tunku Johan Mansur, who is also the pro-tem chairperson for the PJ Sejahtera residents’ association.

Out of 18 matters requested by the appellant, the board only rejected three submissions on the basis that the sought-after documents were either “too general” in nature or unrelated to the appeal.

Based on the order sighted by Malaysiakini, the board, which began hearing the appeal in February, determined that the information requested by the appellant is not exempted from disclosure under the Freedom of Information Enactment (Selangor) 2011.

The decision effectively dismisses the state government’s argument on the official classification of information sought by the appellant, who was represented by counsels Alaistair Brandah Norman and Chakaravarthi Thillainathan.

Section 14(a) of the state enactment excludes information deemed “strictly confidential” under the Official Secrets Act (OSA) 1972, which, if disclosed, could seriously affect national security or defence by materially undermining the country’s ability to protect or defend its existence.

The board, however, found that no evidence had been submitted to demonstrate that the documents requested by the appellant fall under the circumstances for exemption.

Malaysiakini was informed that during the board’s proceedings, the testimony provided by three witnesses for the state government confirmed that no certificates under Section 16A of the OSA had been sighted or produced in support of the classification claim.

Section 16A of the OSA prescribes that a certificate issued by a minister or authorised public official declaring a document or information as an official secret is conclusive of its classification as such.

The three witnesses were representatives from Selangor’s Economic Planning Unit, Menteri Besar Incorporated (MBI), and its wholly owned subsidiary Rantaian Mesra Sdn Bhd.

In its order, the board also referenced Section 16 of the state enactment, which provides for partial disclosure where, if exempted information can be deleted from the requested information and documents, the appellant shall be informed of the amount of information deleted.

The board further highlighted Section 18(1)(a), which states that it is an offence to use information obtained under the enactment for reasons contrary to the purpose for which the application was made, if the effect is detrimental.

Royal ties

In a statement to Malaysiakini, Tunku Johan expressed delight with the board’s decision, describing the verdict as one that directly supports disclosures in favour of transparency and accountability for the management of public assets.

He also noted that the announcement of the concessions under the SIP, as well as a supposed lack of transparency on the scheme, had “raised many questions and concerns” for Petaling Jaya residents.

In November last year, Malaysiakini reported on Raja Muda of Selangor Tengku Amir Shah’s link to a company awarded concessions under the Selangor state government’s initiative to privatise street parking.

Malaysiakini’s checks at the time found that the heir apparent of Selangor ruler Sultan Sharafuddin Idris Shah holds a stake in Selmax via two other holding companies: Tanah Perwira Sdn Bhd and Greyscale Holdings Sdn Bhd.

Incorporated in March 2024, Tanah Perwira, a minority shareholder of Selmax, is wholly owned by Greyscale Holdings, a company in which Tengku Amir Shah owns a majority 55 percent slice.

Following Malaysiakini’s report, Selangor Menteri Besar Amirudin Shari asserted that royal ties do not preclude a private company from doing business or managing services for the state government.

Noting that a prospective company is only assessed based on its track record and performance in past projects, Amirudin also said he has no problems declassifying documents related to the deal.

Selangor Menteri Besar Amirudin Shari

However, he noted that such declassification efforts might be “tricky” as companies could object to the move due to the potential involvement of “trade secrets”.

Revenue-sharing formula

The local councils that have awarded concessions to Selmax for the management of the SIP system are the Selayang Municipal Council, Shah Alam City Council, and Subang Jaya City Council.

As of press time, the Petaling Jaya City Council is believed to be the only local council that has yet to agree to an arrangement with Selmax.

Under the concession agreement with Selmax, the local councils would be compelled to share revenue from parking fees, monthly passes, two-hour zones, and compounds, with Selmax set to receive the bigger 50 percent share and the councils receiving 40 percent.

The remaining 10 percent is intended to go to Rantaian Mesra, which is tasked with overseeing the SIP rollout.

The revenue-sharing formula had previously sparked concerns, with PKR’s Selayang MP William Leong questioning the legality of the move while stressing that revenue generated by local councils is meant for the well-being of residents - not to allow private entities to make profits. - Mkini