Malaysian Trade Union Congress & Ors vs Menteri Tenaga, Air Dan Komunikasi & Anor (2014) 2 CLJ 525

Syarikat Bekalan Air Selangor Sdn Bhd (SYABAS) entered into a concession agreement to supply treated water to the State of Selangor and the Federal Government for a period of 30 years. Under the terms of the agreement, if SYABAS achieved a specified reduction in the non-revenue water, it would be entitled to a corresponding increase in water tariffs. Apparently based on said scheme, SYABAS subsequently applied for an increase in the water tariffs which was approved. The Malaysian Trade Union Congress (MTUC) requested a copy of the concession agreement and audit report but the request was denied. MTUC sought a court declaration that they had the right to access the documents. The decision of the court hinged on the issue of locus standi. The trial court found that the appellants, who were paying water consumers within the areas of the concession agreement, had established that they had a locus standi to bring the action. On appeal, the court said that under the "adversely affected" test for judicial review, the applicant had to show he had a real and genuine interest in the subject matter which was different from the "sufficient interest" test applied to English cases. MTUC's cause of action was based on its alleged right of access to the documents it requested to prove its claim that there was no transparency in the decision to increase the water tariffs. The court held that MTUC had shown a real and genuine interest in the documents and was adversely affected by the decision.