It has been reported that Kuala Dimensi Sdn. Bhd (KDSB), the turnkey contractor for Port Klang Free Zone (PKFZ) has challenged the legality and legitimacy of the appointment of Datuk Lee Hwa Beng as the Port Klang Authority (PKA) Chairman.
The deputy CEO of KDSB Datuk Faizal Abdullah has issued an ultimatum to the Transport Minister, Datuk Seri Ong Tee Keat to produce Lee’s appointment letter as PKA Chairman by 4.30 pm tomorrow (Monday) or face the legal consequences.
According to Faizal, the statutory power or prerogative to appoint the Chairman of PKA is vested with the Yang di Pertuan Agong as provided under the Port Klang Authority Act 1960 and the Minister of Transport has no power to personally decide to extend Lee’s tenure as PKA Chairman at the end of April.
Faizal contended that if Lee’s appointment as PKA Chairman was unlawfully renewed by the Transport Minister and not by the Yang di Pertuan Agong, then Lee’s appointment is null and void and all “tasks and responsibilities” handled by Lee after March 31 this year, when his first appointment expired, would be null and void, including:
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The publication of the PricewaterhouseCoopers (PcW) audit report on the RM12.5 billion PKFZ scandal;
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The various committees set up by PKA following the PcW report and various decisions taken, in particular the PKFZ special task force which reported on the RM500 million to RM1 billion KDSB billing discrepancies and irregularities, leading to the lodging of police report and institution of legal proceedings by PKA against KDSB.
I do not know whether Lee’s appointment as PKA Chairman is lawful or valid, whether Faizal is right that Lee’s appointment had not bee renewed by the Yang di Pertuan Agong as required by law.
But what is very clear is a very blatant attempt by KDSB to block any disclosure and public accountability of the RM12.5 billion PKFZ, the “mother of all scandals” in the nation’s 52-year history in utter disregard of the national interests to promote accountability, transparency, integrity and good governance.
I have differences with Ong Tee Keat and I have been pursuing him both inside and outside Parliament for full and unexpurgated disclosure of the PKFZ scandal, to the extent that I had bombed him with three questions a day for 36 days and 108 questions.
My major difference with Ong is that he is not prepared to make full and total disclosure of the RM12.5 billion PKFZ scandal, not just at the Port Klang Authority level but all the way to the level of the Transport Minister and the Cabinet.
However, Ong can depend on my full support to oppose attempts by KDSB to put the lid to block accountability and exposure of the causes of the RM12.5 billion PKFZ scandal, as the limited opening up of the PKFZ scandal must not be rolled back and covered up when what is needed is further opening up of the PKFZ “can of worms” and “swamp of crocodiles”.
(Speech at the DAP Air Puteh Branch dinner at Han Chiang Secondary School Penang on Sunday, 16th August 2009 at 9 pm)