Wednesday, February 18, 2009

Forum: Can We Have Our Highways Back?

A gentle reminder for the forum (in English) tonight.

This will be our first public consultation and dialogue on Malaysia's highway toll concession agreements since they were "declassified" for public viewing about a month ago. For members of the public who wish to find out more details of our findings, as well as for the professionals with additional information, please join us for an evening of sharing and brainstorming.

The details are as follows:
"Can We Have Our Highways Back?"
Venue: Crystal Crown Hotel, Petaling Jaya
Date: 18 February (Wed)
Time: 7.30pm
The panel speakers include:
  • Sdr Lim Kit Siang, DAP Parliamentary Leader
  • Sdr Tony Pua, MP Petaling Jaya Utara
  • Sdri Teo Nie Ching, MP Serdang
  • Sdr Tommy Thomas, Corporate & Constitutional Lawyer
  • Sdr Teh Chi Chang, Economic Advisor to DAP Secretary-General
All are welcome. For background information, please feel free to browse the articles here.

Don't Rape the Country Twice!

I've blogged on "We Want Our Water Back Too!" two weeks ago. The Selangor state government has since issued offer letters to the concessionaires to take back the water concessions.

The four Selangor members of parliament [Charles Santiago (Klang), William Leong (Selayang), Dzulkifli Ahmad (Kuala Selangor) and myself] who are involved in the Water Review Panel issued the following press statement today. Additional comments are available at The Malaysian Insider, Malaysiakini and The Star.

Call Upon the Minister of Energy, Water & Communications to support and endorse the Selangor Government's Offer to Acquire the water assets and concession in the state

The water privatisation exercises in Selangor was started in the early 2000s by the Mahathir administration, where hugely lucrative concessions were granted to politically-linked private companies with neither the skills or experience in the water industry, nor the necessary equity funds to operate these businesses. As a result, the residents of Selangor and Kuala Lumpur were forced to pay high prices for the water supply, unreasonable penalties as well as often poor service quality.

In view of the clear unsustainability and failure of the privatisation exercise, where some of these concessionaires are facing serious concerns in repaying its bonds and water tariffs are scheduled to increase beyond tolerable range, the Federal Government has embarked on an exercise to nationalise the water-related assets nationwide under the new Water Industry Services Act (WISA) enacted in 2006.

The people has suffered once already when the assets were forcibly piratised by the Government. We will like to call upon the Minister not to rape the country twice by buying back these water assets and concessions at inflated prices. Doing so will only provide the basis to the dictum that the Barisan Nasional government privatises profits and nationalises losses.

The Selangor members of parliament who sits in the Selangor Water Review Panel call upon the Minister, who is granted wide-ranging powers under WISA, to not only support, but help execute Selangor's fair and reasonable offer to acquire the water assets and concessions in the state. The offers to the concessionaires were made last week on Friday, 13th February.

The offer made by the Selangor Government was made on the basis of one-time book value of the water-related assets in the concessionaires as at 31st December 2007, and a fair and reasonable return to the actual equity invested by the concessionaires since the industry was first privatised. It should be noted that the offer made by the Selangor state government is guided by and in compliance with the terms and conditions willing signed by all parties in the concession agreement. Therefore contrary to press reports in the last few days, the acquisition offer is neither a cynical offer which is too low, or without basis.

It should be noted that all investment analysts have been using the “discounted cashflow model” which results in significantly higher valuation for these concessions. However, the “discounted cashflow model” is just a technical term for paying the concessionaires its future profits, which in itself is a totally unreasonable proposition, and defeats the purpose of the Governments' water restructuring exercise.

If we were to acquire McDonald's today, it will be fair to put a value to its future profits as it's a wholly private enterprise. However, we are acquiring government concessions in this case – which means that the Government should not be paying for future profits for licenses and rights which it has itself granted!

The Minister is granted wide-ranging powers under the WISA (2006) Clause 191(5) where:
The determination of what amounts to national interest issues arising from the coming into operation of this Act shall be made by the Minister and such determination shall be final and binding upon all persons and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.
Therefore with the powers vested in the Minister, Dato' Shaziman Abu Mansor, a newly minted Minister since the last elections, we call upon the Minister to do the right thing and act to ensure that the rights and welfare of Selangor people and that of all Malaysians.

Tuesday, February 17, 2009

Taman Medan Toll Plaza Abolished

First of all, we will like to express our sincere thanks to the Works Minister, Datuk Seri Mohd Zin Mohamed for giving Malaysians a Valentine's Day present by abolishing the Kuala Lumpur-bound toll plaza at PJS2 on the New Pantai Expressway (NPE) with immediate effect.

The Minister said removing the toll was also meant to soften the effects of economic uncertainties for the residents of PJS 1 and 2.

However, before Malaysian's decide to pop the champagne bottle for the celebratory dinner marking the possible start to a review of all other toll plazas and toll rates across the country, we will like to call upon the Minister to disclose the compensation paid to the concessionaire for the abolition.

As reported vaguely in The Star today, analysts have disclosed that the concessionaire will be compensated.

In addition, the Minister must disclose the yearly compensation involved relative to the toll revenue collected by the concessionaire annually since 2004.

If the compensation approximates or exceeds the value of the toll revenue collected by the concessionaire, then this Valentine's Day present is not a real present, but is paid for by the rakyat themselves. If such is the case, then it will demonstrate the lack of sincerity of the Barisan Nasional government in restructuring the unfair toll concessions in Malaysia.

If however, there is no compensation paid, or the amount is small, the full credit must be given to the Minister for finally listening to the grievances of the people and we'd provide full support to the Minister to do the same for all other toll roads in Malaysia, particularly those which continue to provide poor service and causes traffic congestion to road users while making extraordinary profits.

Sunday, February 15, 2009

Perak Coup D'etat:: What Say You

Klang MP Charles Santiago will be holding a forum on the Perak coup d'etat as follows:
Date : 17th Feb 2009 (Tue)
Time : 8:00pm
Venue : Dewan Hamzah, Majlis Perbandaran Klang, Klang
Speakers include Ngeh Koo Ham, A. Sivanesan, Lim Kit Siang, Khalid Samad, Dr. Dzulkifli Ahmad, Haris Ibrahim, Charles Santiago

Please contact Yap (016-2026300) / Sarah (016-6267797) if you have any further enquiries.

UMNO Thanks EC

Just as the new Election Commission chairman, Tan Sri Abdul Aziz Yusof denies any consideration of the UMNO party elections in the setting of the by-election dates of Bukit Gantang and Bukit Selambau, UMNO leaders wasted no effort in thanking EC for helping them out(!)

As reported in The Star,
Umno information chief Tan Sri Muhammad Muhammad Taib said the commission had exercised its discretion in timing the polls so that they would not overlap with the Umno event.

“The Election Commission is being practical otherwise there would be a conflict of agenda between the Umno meeting and the by-elections,” said Muhammad, one of the three candidates for the Umno deputy president’s post.
So it's quite clear, who's the real boss in Election Commission.  Not even any pretence of independence or impartiality.

Development in Petaling Jaya

Development issues remain as some of the most thorny issues in Petaling Jaya. As I've blogged a month or two ago, there are many projects approved in the previous state government which have become sore points for the local residents, especially since they were not consulted on most of these projects.

Paramount View. Picture courtesy of The Star

One of the recent project which has been highlighted (in the press) in my constituency is the Paramount View condominium project located between Kg Tunku (SS1) and Seksyen 22 where its construction and density will only bring grief to the local residents, especially since the roads in these housing estates tend to be ill-suited towards heavy traffic.

If you look at the picture above of Paramount View, it's not much of a view isn't it? We can only wonder how such a high-rise project situated within a few feet from the high-tension cables was approved in a narrow piece of land in the first place. For those who are not aware, this piece of land was former a squatter colony which have been moved out into low-cost flats (which is another controversy in itself).

The problem for us is we have taken over the state government, and the local authorities, and hence we now have to carry the development babies which have been handed down to us, as much as we'd rather start with a fresh sheet. I've written on a few projects previously, like Glomac Damansara and The Paradigm and Tropicana City in Kelana Jaya and SS2.

Other areas of concern which have been highlighted in the press includes the development of the FAS field in Kelana Jaya, Seksyen 19 and the Seri Setia new village.

The dilemma if any, at this point of time is that because this new state government has come out more strongly in favour of consultation with residents, as well as greater stringency in obeying development by-laws, many property developers are complaining that we are anti-business and anti-development. Whereas in the past, requirements and guidelines can be waived at ease (how, I would not say), now things seem to slow a bit and project density are often intensely questioned.

In fact, some developers have complained to me that the local councils are now "managed" and "controlled" by resident associations (RAs). My reply to them was most straightforward - shouldn't that be the case? Unlike the past where residents have little or no say at all towards how their city and neighbourhoods are developed and often changed beyond recognition, residents now have much greater say, rightfully to manage their own city.

We are not against development. Neither are most of these RAs which I've dealt with. What the residents are often objecting to is reckless development, or development which does not take into consideration externalities such as traffic congestion which needs to be resolved.

Friday, February 13, 2009

Will Khir Toyo be Charged?

I was arrested (and whacked) for lighting candles at a peaceful gathering of 200 or so people last year in an open park and charged for my "crimes".

Four days ago, Khairy Jamaluddin, UMNO Youth Chief candidate led a 1000-strong crowd chanting "kill him" at those accused of alleged treason in Ipoh. He got away scot free (not for the first time too!).

When UMNO Youth also demonstrated in an unruly manner outside Karpal Singh's legal office in Kuala Lumpur 2 days ago, and Karpal

related that he had spoken personally to an officer in uniform, whom he identified as “Mr Chan”, and was told that the organisers had not got a permit for their protest but that he was “under instructions” not to break up the rally.


Finally, when Khir Toyo led an UMNO Youth march in Penang heading towards Karpal's personal home, the police arrested him. (That must have been such a slap in the face for Khir Toyo, the other UMNO Youth chief hopeful)

Thank you to the police for acting impartially in Penang. The next step is for the Attorney-General's office to prosecute Khir Toyo for "illegal assembly".

I'm all for protecting our constitutional right for freedom of assembly, for holding peaceful demonstrations. But all must be equal before the law, as expressly stated within our Federal Constitution - therefore if the police are to prosecute anybody for peaceful assembly, then all should be prosecuted. If not, then all charges to all accused of 'illegal assembly' must be immediately dropped.

Will Khir Toyo be charged? (Was that a rhetorical question?) And if he is charged, it'll be absolutely hysterical if his defense was the right to peaceful assembly as provided for in our Federal Constitution!

Where's The Credibility?

On 20 January 2009, Prime Minister in-waiting said:
Barisan Nasional (BN) leaders should break out of their comfort zones and reorientate their approach to be constantly in tune with the people's aspiration, Datuk Seri Najib Tun Razak said today.

Calling on BN leaders to raise to the occasion, the deputy prime minister also urged them to rearrange their strategies and resolve to make changes not only to themselves but also to the party for the sake of the people and country.

Can you believe him?

(I'm biased of course, as I was charged in court for lighting up candles in public without permit within 3 days of him making the statement)

Now we have the new Chairman of Election Commission, telling us with a straight face that the nomination date, is set more than a month away on 29 March has "nothing to do with the UMNO General Assembly" that is scheduled to be held from 24 to 28 March.
He was quick to deny the scheduled dates were made to accommodate the Umno party polls in late March, saying the law required the by-elections to be held within 60 days of the seats being vacant, which falls on April 11.

"The date was chosen for the convenience and comfort of all parties and not with any political considerations," said Abdul Aziz, who assumed the post six weeks ago.

He said the situation in Perak was still tense after a government switch and the time-frame for the Bukit Gantang by-election would allow all parties to "cool off", adding he was hopeful there would be a high voter turnout despite polling day being a Tuesday.
Yeah, right. He's an UMNO stooge, no question about it.

Oh, and BN reform? My foot.

Thursday, February 12, 2009

Can We Have Our Highways Back?


This will be our first public consultation and dialogue on Malaysia's highway toll concession agreements since they were "declassified" for public viewing about a month ago. For members of the public who wish to find out more details of our findings, as well as for the professionals with additional information, please join us for an evening of sharing and brainstorming.

The details are as follows:
"Can We Have Our Highways Back?"
Venue: Crystal Crown Hotel, Petaling Jaya
Date: 18 February (Wed)
Time: 7.30pm
The panel speakers include:
  • Sdr Lim Kit Siang, DAP Parliamentary Leader
  • Sdr Tony Pua, MP Petaling Jaya Utara
  • Sdri Teo Nie Ching, MP Serdang
  • Sdr Tommy Thomas, Corporate & Constitutional Lawyer
  • Sdr Teh Chi Chang, Economic Advisor to DAP Secretary-General

All are welcome. For background information, please feel free to browse the articles here.

Friday, February 06, 2009

Job Opportunities @ The Rocket

Yes, the economy is not faring too well. But DAP needs to continue to grow to reach out to the people, and attract greater talent into the party. Hence, as part of our aggressive expansion plans, we are looking to recruit intelligent, young and dynamic individuals to join our team to make The Rocket one of the most successful and respected party newsletters in Malaysia.

The objective of the newsletter is to be able to provide Malaysians with a better understanding of both the political environment in Malaysia as well as the policies and comments by our party leaders. The Rocket also provides coverage for various activities carried out by our branches and members throughout the country.

We are looking for JOURNALISTS and WRITERS for all languages - English, Malay, Chinese and Tamil.

You can apply via Jobstreet here, or email your detailed resume to daprocket(at)rocketmail(dot)com.

Thursday, February 05, 2009

Lawan Tetap Lawan

MEDIA STATEMENT BY V.SIVAKUMAR PERAK STATE ASSEMBLY SPEAKER AND DATO NGEH KOO HAM PERAK STATE SENIOR EXCO MEMBER, 5 FEB 2009

The Speaker of the Perak State Assembly and the Perak State Government will be filling a suit this morning at the Ipoh High Court to declare that the 3 State elected representatives namely Puan Hee Yit Foong, Encik Jamaluddin bin Mohd Radzi, Kapt(B) Mohd Osman bin Mohd. Jailu for Jelapang, Behrang and Changkat Jering are no longer elected representative for the said constituencies respectively. The speaker have already accepted the resignations of the said elected representatives and the state Government also recognizes that they are no longer elected representatives for the said constituencies.

This declaration is sought to compel the Election Commission to recognize that the said 3 seats have fell vacant and by-elections must be called. BN also cannot claim that it has the majority in the State Assembly as The Pakatan Rakyat has 28 members while BN also only 28 members. The position of 3 other elected representatives will now have to be determined by the court.

In view of the hung situation the Speaker and the Perak State Government are in full support of the requests by YAB Menteri Besar that the State Assembly be dissolved. We sincerely hope that HRH the Sultan of Perak will grant the dissolution of the State Assembly as requested.

In situation of doubt, it is best to go back to people to seek a fresh mandate as such practice is an inherent part of parliamentary democracy. We do not know why BN is so fearful of seeking a mandate from the people if it purports to rule with the people's support.

Wednesday, February 04, 2009

The Star Still Shine?

Is it me, or is it a fact that after a mini-Prague Spring post the March 8, 2008 elections where The Star demonstrated greater balance as "The People's Paper", the blooming period is all but over? It appears that we have now entered the period of "normalisation".

Reading The Star (yes I know it's difficult reading the paper, but it's part of my job) these few weeks has been more often than not, a little (understatement) nauseating, especially with the editorial slant and direction.

What happened to the lessons learnt after the last elections? Quickly forgotten obviously. The Unbearable Lightness of Being no more... Sigh.

Of course, it'll now also become the key vehicle for it's shareholders to launch its "rebranding" exercise. Maybe they'll come up with a new name for MCA... (or a new tagline for The Star).

Update: Interestingly, this report was published after I wrote the above post - The Star is expected to suffer first contraction in 10 years.

Tuesday, February 03, 2009

New Election Commission Chairman A BN Puppet

... and a major disappointment and disgrace too.

The new Election Commission chairman, Tan Sri Abdul Aziz Yusof was appointed in January this year, and the issue of the Perak state by-elections presented the first major test of the competency and impartiality of the new chairman after the previous one was looked upon with contempt.

However, it is unfortunate that the Commission's decision today to not call for the by-elections, which went against the ruling of the Perak state assembly speaker on the vacancy of the 2 state seats.

Tan Sri Abdul Aziz went to the extent of declaring that "it is not the place of the speaker to declare the seats vacant, but to keep the EC informed; it is the EC's role to declare the vacancies. The EC's responsibility is to determine if there is a vacancy or not. Our answer is not."

This is an absolute and blatant contempt of the state constitution of Perak, and serves only to prove the impartiality and incompetence of Tan Sri Abdul Aziz, who acts as a stooge for his Barisan Nasional paymasters.

Can the decision of the Speaker be subject to challenge? Of course, but only by the aggrieved parties through the court of law. For e.g., the 2 affected assemblyman could file of an injuction against the EC or the state assembly.

Even the former tainted chairman of the election commission has stated that the EC has no choice but hold elections unless otherwise instructed by the courts. But it is certainly NOT the place for the Election Commission whose role is to effect elections when requested by the Parliament or the respective state assemblies, and not make the decision as to whether there should be elections.

Monday, February 02, 2009

We Want Our Water Back Too!

Syabas hits the headlines in The Sun
(edited montage of 30th Jan edition)

Amidst all the political hoollaboo over the state of affairs in Perak, and some say the rest of the country, you would be pleased to know that the Pakatan Rakyat government continues to exert pressure on the federal government and other relevant parties to provide a better deal for the people.

You have read my multiple posts whether here, or in the media (the latest published yesterday in The Star) with regards to efforts DAP is making to press the Government to ensure a more equitable toll rate for our highways, or if not possible, then buy them back as provided for in the concession agreements.

At the same time, I also sit in the Selangor Water Review Committee, which is appointed by the Menteri Besar in September last year.  The committee also include Charles Santiago (DAP - Klang), Dr Dzulkifli (PAS - Kuala Selangor), William Leong (PKR - Selayang) and several other activists, have been very actively looking into how restructuring the water assets and distribution ownership can be done to remove similarly, extraordinary profits made by private concessionaires at the expense of the Selangor rakyat. 

While I had objected to the Selangor Government's plan for free water earlier, I'm in full support for its plans to take over the water distribution business from its current concessionaire, Syabas, which is 70% owned by Puncak Niaga Berhad.

At the end of the day, this exercise if successful, would mean lower cost of water for all Selangor (and Kuala Lumpur too!). If you have not already known, the Syabas concession agreement gives Syabas the right to increase the water rates by as high as 37% for 2009 and delays in doing so will only result in compensation being paid by the state or federal government.

After studying the Syabas contract and receiving the audit report from Jabat Audit Negara, the state government has written officially to the federal government to request for its agreement to terminate the Syabas concession agreement as there were clear breaches to the agreement. (Under the agreement, the state government can only terminate the agreement with the consent of the federal government.)

As reported in the Sun last Friday:
Sources said the audit showed that more than 72% of contracts worth a total of RM600 million were awarded to selected companies via direct negotiations and only 25% via competitive open tender, which clearly violates the agreement.

In addition, the audit also found more than RM325 million in discrepancy between the summary of contracts awarded in 2005, 2006 and 2007 and Syabas’s review document (referring to general accounts).
Of course, the extraordinary profits do not just get reflected in the profit and loss statements but also by the way Syabas spends its money.
Aside from the breach of contract issue, questions are also being raised over the RM51.2 million spent to renovate the Syabas office when the Selangor Water Regulatory Department (JKAS) only approved RM23.2 million for this in 2005. The audit review found that Syabas had failed to comply with the requirement as approved by JKAS.
I was at the presentation by the Jabatan Audit, and there were certainly many more points of contention and extravagance on the part of the Syabas management.

Hence, the biggest question now is whether, inspite of the various material breaches in the concession agreement will the Barisan Nasional federal government stand on the side of the concessionaire, or will it stand with the people and act in the latter's interest?

It has been more than a month since the letter was sent to the Minister of Water, Energy and Telecommunications, and we have not heard a single response from the Minister despite our many meetings with its officials since. You can be assured that the Selangor state government will do its utmost, despite having to do many things with our hands tied behind our back, protect the interests of the people.

Hence, not only do we want our highways back, we want our water back too!

Sunday, February 01, 2009

Memo To Works Ministry

As mentioned and blogged earlier, DAP Ops Restore team has submitted our preliminary findings on the highway toll concession agreement to the Minister of Works. Below are the contents of the memorandum, some points which have been raised earlier as well.

Attn: Dato' Ir Mohd Zin bin Mohamed
Minister of Works

Dear Sir,

PRELIMINARY FINDINGS FROM STUDY OF HIGHWAY TOLL CONCESSION AGREEMENTS

First of all, we would like to express our appreciation for taking the momentous step of declassifying the highway toll concession agreements for study and viewing by the public. We must congratulate the Minister for having taken progressive steps with regards to the above issue since taking over this position in March 2008.

After conducting an initial review of the toll concession agreements, we would like to take this opportunity to present our preliminary findings to the Ministry for immediate actions to be taken in the interest of the rakyat.
  1. REVIEW TOLL RATES & FORMULA

    It is clear from the concession agreements when read in conjunction with the financial statements of many of the toll concessionaires, the toll rates and its formula of calculation for future adjustments have allowed these concessionaires to make extraordinary profits at the expense of the rakyat.

    PLUS Expressway for example, had RM2.28 billion in revenues and made RM1.31 billion in profit before tax for its financial year 2007, representing a colossal profit margin of 57.3%. What's more the cost of constructing the North-South Highway was less than RM6 billion. This rate of return has yet to take into consideration future increases in toll rates at 10% every 3 years as well as traffic volume for the next 30 years.

    What's more, the Government has in the contract with PLUS, agreed to bear the cost of all substantive upgrades including for example, the new Seremban toll plaza which cost RM168 million, the Jelapang toll plaza and the construction of additional lanes on the highway.

    Similarly for LITRAK, the concessionaire of Lebuhraya Damansara Puchong (LDP), it had RM293 million in revenues and made RM142.7 million in profit before tax for its financial year ending 2008, representing a margin of 48.7%. Furthermore, the toll rate for LDP is scheduled as per the agreement to be increased to RM3.10 from the current rate today before government compensation of RM2.10 in the year 2016. LITRAK had even in its Bursa Malaysia listing prospectus in 1997, forecast a total net profit of RM18.8 billion during the 30 year concession period despite LDP having cost only RM1.33 billion in construction and capitalised interest.

    The colossal profits were made despite the fact that the risk taken by these concessionaires were minimal as the Government in effect guarantees the multi-billion loans and bonds secured by the concessionaires. In fact, in certain highway projects such as the Grand Saga Highway, the concessionaire was granted a loan as part of the agreement which covered the entire construction cost of the highway. This means that the concessionaire was not only able to secure a very profitable highway concession, it didn't have to come up with any capital or risk to undertake the project.

    Therefore, the Ministry of Works should immediately make revisions to the agreed toll rates as well as its review mechanism to ensure that the highway concessionaires will make reasonable returns on invested capital. For regulated infrastructure industries such as power producers, water services as well as highway concessions, the acceptable norm and range of rate of return (ROR) is between 8% to 15%.

    In fact, concessionaires should only be able to make ROR in excess of 12% if and only if they are able to maintain a minimum acceptable service level. For example, concessionaires whose highways are often heavily congested before and after the toll plazas such as the LDP or at Kerinchi Link, penalties should be imposed accordingly. 

    These service level conditions are unfortunately glaringly absent from the concession agreements when in fact, the toll concessionaires should grant substantial discounts in the event of heavy congestion, particular before or after the toll plazas.

  2. EXERCISE EXPROPRIATION FOR NATIONAL INTEREST

    It is noted that for a vast majority of the toll concession agreements, the Government has been granted the option of expropriation for national interest by providing between 3 to 6 months notice. In addition, the terms of the relevant compensation required for expropriation appears to be fair:

    1.The Government has to pay for the “value of construction works”, less any loan or bond obligation which the government takes over in the process, and

    2.The Government has to pay 12% interest returns per annum to shareholders' capital and loan invested in the concession, less any dividend or interest which have already been paid to date.

    Therefore, for those concessionaires who are not willing to renegotiate the toll rates to reasonable levels, it will not cost the Government “an arm or a leg” to expropriate some of these highways.

    As a simple example, the Government is already compensating LITRAK RM75 million per annum for maintaing its current toll rates at RM1.60 instead of the contracted RM2.10 as of 2007. Assuming this compensation is maintained for the remainder of its 20 year concession, it would cost the Government RM1.5 billion in payments to LITRAK.

    On the other hand, should the Government exercise its option to expropriate the concession, preliminary calculations show that it'll cost the Government only RM1.4 billion to complete the exercise based on the terms of the agreement, or less than the compensation payments.

    Hence, in LDP's case, it makes absolutely no sense for the Government to maintain its annual compensation payments to the concessionaire when it could buy back the entire highway for less!

  3. CAPITAL MARKET STRATEGIES TO BUY BACK HIGHWAYS

    For certain highway contracts such as the North South Expressway and the Penang Bridge, the compensation clauses for expropriation unjustly require the Government to pay the concessionaire for the loss of future profits.

    Hence, the exercise to expropriate the North South Expressway will cost the Government at least RM40 billion, or as high as RM80 billion, depending on future profit projections. This compensation amount is completely ridiculous for the current market capitalisation of PLUS on Bursa Malaysia is only RM15 billion.

    However, as Khazanah Nasional already effectively own 63.88% of PLUS Expressway Bhd, it is certainly not beyond imagination that Khazanah makes a voluntary general offer for the remainder 36.1% of the shares that it does not already own for approximately RM6 billion, assuming a 10% premium on current market prices. RM6 billion is certainly an amount which Khazanah could easily afford or finance.

  4. DECLASSIFY ADDITIONAL KEY AGREEMENTS AND INFORMATION

    We would also like to call upon the Works Ministry to declassify additional documents and information for further transparency and analysis. This includes:

    1.Loan agreements between the Government and the concessionaires

    2.Appendices to the concession agreements, which are missing from several agreements which have been declassified.

    3.Novation agreements where the rights of the parties to the original agreement was assigned to another party.

    4.Concession agreement of highways which are newly awarded or are under construction.
We sincerely hope that the Ministry of Works under your leadership will be able to take quick and urgent actions on the above findings. Besides it being a fairer outcome for the rakyat, it'll also come at a critical time to reduce the cost of living for the people and increase the competitiveness of our local businesses who are facing one of the most severe and economically challenging period in recent decades. The above recommendations on toll concessions should form one of the key cornerstones of the additional economic stimulus package announced by the Minister of Finance.

For your information, DAP has also formed a special committee on “Operation RESTORE” (Restructure Toll Rates & Equity) to provide a detailed and final report on the highway toll concessions which we hope to submit to you by March 2009.

Once again, we thank you for your kind attention.


The DAP Ops Restore team comprises of Anthony Loke (Rasah), Teo Nie Ching (Serdang), Charles Santiago (Klang), Lim Lip Eng (Segambut), Teh Chi Chang, Economic Advisor to DAP Secretary-General, and myself.

Let's hope this "new" Works Minister will do a much better job than the previous who has been kicked out of his office. ;-)