Three Pakatan Harapan MPs have urged the government to consider declassifying PJD Link’s concession agreement from the Official Secrets Act (OSA) 1972.
Subang MP Wong Chen, Petaling Jaya MP Lee Chean Chung and Selayang MP William Leong Jee Keen emphasised the importance of transparency in public contracts and highlighted the need for public access to the terms and conditions of the agreement.
Wong also said that the trio has asked the government if it would allow a relevant select committee to look into the matter.
“The reply from the government is negative. I am disappointed by the answer but I do understand the sanctity of the contract that allows them (the government) to keep these clauses and terms secret.
“But I don't think it's right, in this new government, that the Official Secrets Act is part of a concession agreement,” Wong said during a press conference at the Parliament lobby this evening.
Similarly, Leong argued that full disclosure should be the norm for public contracts.
He said he did not see why a highway concessionaire’s deal should be secret.
“Information is required for the public to judge whether they are getting value for their money.
“Besides the sanctity of contract, the exceptions that can be accepted for not disclosing (a contract) is whether it is in the form of national security or interest.
“Or whether there are commercial sensitivities such as trade secrets or intellectual property.
“But I cannot see what trade secret or intellectual property is involved in a toll highway. Therefore, the general principle for disclosure must be complied with,” Leong said.
PJD Link (M) Sdn Bhd (PJD Link) is the concessionaire of the proposed PJD Link Expressway, a 25.4-km, two-lane dual carriageway expressway that commences after the NKVE toll plaza on SPRINT Highway, Damansara. It ends at the Bukit Jalil highway interchange.
The project is aimed at easing traffic congestion and caters to future vehicle growth in the greater Kuala Lumpur and Klang Valley area.
PJD Link signed a concession agreement with the government on April 5, 2022.
Both Leong and Wong recalled that in October 2008, then-works minister Mohd Zin Mohamed declassified toll pacts and urged the current government to do the same.
Under the Abdullah Ahmad Badawi administration, the cabinet had agreed to declassify the agreements, which nearly all highways agreed to follow.
“Now with our government being the Madani government, we can follow some of those recommendations.
“We should be doing the same, if not better than the Abdullah administration,” Wong said.
Meanwhile, Lee questioned the government's defence for secrecy, especially when a substantial amount was recently secured for the highway project.
He added that makes it highly improbable that this transaction occurred without sharing the specific details with the public.
“It must be reiterated that Parliament is sovereign and the work of parliamentarians shouldn't be impeded on this matter.
“Imagine that the taxpayers and residents affected are the last to know the terms and conditions of this concession agreement before investors, shareholders and foreigners,” he said.
Lee was referring to the RM922 million that was successfully obtained by PJD Link to fulfil the project financing needs for the construction of the highway.
PJD Link also signed a head of agreement with MCC Overseas (M) Sdn Bhd (MCC Malaysia) to appoint MCC Malaysia as PJD Link Expressway’s engineering, procurement and construction contractor.
MCC Malaysia is a subsidiary of China Metallurgical Group Corporation, a construction engineering conglomerate listed on the Shanghai and Hong Kong Stock exchanges. - Mkini
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