Wednesday, February 5, 2020
Court grants leave to commence judicial review against Water Dept
The Sabah Water Department had, in a letter of intent dated 10 October 2019 and signed by one Datuk Amarjit Singh as Director of the department, selected a company in Selangor and another company in Kota Kinabalu for the development and execution of Papar Dam and associated water supply works.
The villagers, Dasius Kawang, Mositol Bin Sondigon, Kurumbong Moludi, have brought legal action to challenge the letter of intent dated 10 October 2019. This is because the appointment of Datuk Amarjit Singh has already been declared to be illegal as it (the appointment) contravened the Sabah Water Supply Enactment 2003 because he (Datuk Amarjit) was not a member of the Sabah public service before being appointed as director of the department.
In spite of the court judgement on 9 October, Datuk Amarjit had gone ahead and issued the letter to select the two companies "to undertake" the development and execution of the Papar dam". The letter further asked the two companies to "finalise your financing package with your bankers so that you are ready to commence the work when the letter of award is issued".
Spokesman for the plantiffs, Aloysius Danim Siap of Penampang, an activist, said that the villagers' legal challenge of the validity of the letter of 10 October 2019 will now proceed. "The villagers not only want to protect their villages and homes but also to see that the illegal director of the Water Department stop continuing with his illegal actions," said Aloysius in comments to the media today.
Acting for the villagers was Yong Yit Jee and Darren Punai. Appearing for the respondents (Datuk Amarjit Singh, Datuk Peter Anthony in his capacity as the Minister of Infrastructure Development) and the Sabah State Secretary and the Sabah Government) was Senior Federal Counsel Puan Maisarah Juhari.
Posted by wikisabah at 1:54:00 PM