YTL Communications Sdn Bhd has gone to court to quash the decision of the education minister and two others last year to hire three internet service providers for schools when the company had offered to do so for free.
Through legal firm Messrs Malik Imtiaz Sarwar, the telecommunication company filed the judicial review leave application at the Kuala Lumpur High Court Registry on Sept 23 last year.
On July 3 last year, YTL Communications alleged that the Education Ministry, under then minister Maszlee Malik during the Pakatan Harapan administration, awarded the services to Telekom Malaysia Bhd, Celcom Axiata Bhd and Maxis Broadband Sdn Bhd, despite the company having offered to do it for free.
The judicial review leave application named the education minister, the Education Ministry, the government, and the Communications and Multimedia Commission (MCMC) as first, second, third and fourth respondents respectively.
According to a copy of the application sighted by Malaysiakini today, YTL Communications is seeking an order of certiorari under Order 53 Rule 8 (2) of the Rules of Court 2012 to overturn the decision of the first three respondents to award the supply on internet connectivity to schools to Telekom Malaysia, Celcom Axiata and Maxis Broadband.
The company among others also sought a declaration that it has a legitimate expectation that the award for the supply on internet connectivity to schools would be conducted transparently by way of open tender in accordance to the representation allegedly given by the first three respondents.
According to a copy of an affidavit in support signed by YTL Communications’ executive director Yeoh Seok Hong, the company claimed that the respondents have erred in law and/or fact in making the disputed related decisions.
“I have been advised by YTL Communications solicitors and verily believe that the respondents’ decisions are tainted by faith as well as irrationality and unreasonableness.
“Therefore, I verily believe that the respondents’ decisions are invalid, irrational and/or not in accordance with proper procedure.
“I have also been advised by the applicant’s solicitors and verily believe that the respondents’ decisions are an abuse of process, disproportionate, and breach of natural justice,” Yeoh said in the affidavit in support of YTL Communications’ judicial review leave application.
However, following the filing of the leave application in September last year, the court has not heard the application yet due to efforts by parties to settle the matter out of court.
According to a letter from Messrs Malik Imtiaz to the High Court dated Oct 30 last year, the company’s lawyers sought the postponement of the hearing of the leave application, initially slated on Oct 31 last year.
The solicitors had sought the postponement of hearing in order to allow parties to discuss to try to resolve the issues that led to the filing of the judicial review leave application in the first place.
The attempt to try to settle the matter out of court was still seen through a letter from the legal firm to the court dated Dec 3 last year, which had sought to further postpone the hearing of the leave application scheduled on Dec 5 last year, on the reason that the parties were still in discussion on trying to find a settlement to the legal action.
The final letter correspondence between the legal firm and court dated Jan 15 this year, as seen in the online court system as of yesterday, showed that the lawyers informed the court that settlement discussions are on hold temporarily until the official appointment of a new education minister.
The Jan 15 letter had sought for the hearing of the judicial review leave application, initially slated on Jan 20, to be postponed to another date, among others.
Malaysiakini is trying to reach out to the parties involved on whether there is still a settlement discussion between YTL Communications and the new Perikatan Nasional (PN) administration, as well as current Education Minister Mohd Radzi Md Jidin (above), among others.
A source close to the matter said that settlement discussion has been restarted between the company and the respondents under the new PN administration, and that hearing of the judicial review leave application would continue to be postponed until parties either succeed in settling the matter or talks breakdown.
On Jan 2 this year, Maszlee announced his resignation, effective the next day (Jan 3). Over a week later on Jan 10, the then Harapan cabinet announced then premier Dr Mahathir Mohamad as acting education minister.
However, following the country’s political realignment through the “Sheraton Move” on Feb 23, the new PN administration emerged, with Radzi appointed as education minister while Noraini Ahmad was made higher education minister.
Following the implementation of the movement control order (MCO) on March 18, all open-court hearings nationwide were postponed until the lifting of the order which seeks to curb the spread of the Covid-19 pandemic in the country.
Checks on the online cause list showed that the judicial review leave application was fixed for hearing before Kuala Lumpur High Court judge Mariana Yahya on April 9.
However, it is understood that the hearing did not proceed as the MCO was still in effect. - Mkini
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