Source: The Malaysianinsider
KUALA LUMPUR, June 28 — The Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) concession agreement and audit report signed in 2004 were ordered to be declassified by the High Court today following a petition from a public interest group.
Judicial Commissioner Hadhariah Syed Ismail, who read both documents, ruled that making the documents public was not detrimental to national security or public interest as argued by the government.
The Coalition against Water Privatisation filed the judicial review seeking a declaration that the audit report and concession agreement signed between Syabas and the Selangor government on Dec 15, 2004 were not confidential but public documents.
The coalition includes the Malaysian Trades Union Congress (MTUC) and 13 others, comprising consumers in Selangor, Putrajaya and Kuala Lumpur. Syabas provides water for both Selangor and the Federal Territories of Putrajaya and Kuala Lumpur.
They successfully argued the audit report formed the basis for the 15 per cent increase in water tariffs in the Klang Valley announced by Energy, Water and Communications Minister Datuk Seri Dr Lim Keng Yaik on Oct 14, 2006 and should be made public.
Their request was rejected by the ministry on Dec 4, 2006 on the grounds that the documents were classified as confidential and government secret.
Klang MP Charles Santiago, who is among the 14 plaintiffs, said the High Court ruling was a landmark decision because it gives basis to declassifying other documents.
He said the decision will also impact the ongoing negotiations in the water management restructuring in Selangor.
Hadhariah today ordered the federal government to hand over the documents to the plaintiffs within seven days.
She ruled that the government did not consider the expectation of members of the public who are adversely affected by the decision when it refused to disclosed the documents.
In her judgment, she pointed out that the privatisation of water service and arbitrary increase tariff and then using the Official Secrets Act were disproportionate to the aims of the law.
She added the government’s decision runs counter to the principles of good governance, accountability, transparency and public interests.
Charles Santiago 
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