Contractor seeks to cross-examine AG in constitutional challenge

A contractor has filed an application in the High Court in Kuala Lumpur to cross-examine attorney-general Tommy Thomas in a constitutional challenge against the Construction Industry Payment and Adjudication (CIPA) Act 2012.

Lawyer Arun Kasi (photo), who represents the contractor, said his client is also challenging the legality of the Asian International Arbitration Centre (AIAC) director's appointment.

Arun said the CIPA Act allows to fast-track AIAC to adjudicate business disputes, seen as a fast track approach to conventional court proceedings.

However, Arun said, the contractor's claim is that under Article 121 of the Federal Constitution, the judicial power is vested in the courts and cannot be "privatised" to an adjudication tribunal.

"The fee payable to an adjudicator can exceed RM50,000 for a proceeding ordinarily conducted by documents only.

"The administrative fee payable to AIAC can exceed RM10,000. It is claimed in the action that both these fees are unconstitutional for infringing Article 8 of the Federal Constitution (equality before the law).

"In any event, it is also claimed that the law has not authorised AIAC to charge an administrative fee, but it is charged arbitrarily," Arun told Malaysiakini.

As for the position of Vinayak Pradhan as the AIAC director, Arun said the attorney-general had affirmed an affidavit claiming that the African-Asian Legal Consultative Organisation (AALCO) was consulted and the appointment is valid.

However, Arun said the AALCO had written to him to say otherwise.

"The contractor has filed the application to cross-examine the AG in view of the conflicting positions taken by the attorney-general and AALCO," he added.

The AIAC is formed under the AALCO, an international governmental organisation.

Justice Lim Chong Fong is set to hear the substantive case on Oct 10. - Mkini