Political intrigues behind Puncak Niaga’s lawsuit


Rumours has it that he met Rozali at an office in Shah Alam’s MRCB building months before his imprisonment. The details is not known but Anwar saw Selangor as goldmine to raise political fund for PKR. 

Another Brick in the Wall

The Selangor water crisis continue with a new twist as Puncak Niaga Holdings Berhad sued the Selangor state government, current Menteri Besar, Dato Seri Azmin Ali and previous Menteri Besar Tan Sri Khalid Ibrahim.

Puncak’s basis for the lawsuit is the loss of income for the crisis that resulted in the federal government takeover of the water asset, which is subsequently sold to the state.

Legally speaking, since the on-going consolidation of the water assets started during Khalid’s administration, it is only expected that the lawsuits against the state will include second and third parties related to the deal.

However, the political question is why the lawsuit was brought against both the loggerhead current and former MBs from PKR together?

NST was one of the first to break the story:

Puncak Niaga files suit against Selangor state government

By NST Business – November 22, 2017 @ 1:23pm

KUALA LUMPUR: Puncak Niaga Holdings Bhd has filed a suit against the Selangor government as well as the previous and current Menteri Besar, claiming up to RM3.91 billion for forcing a takeover of the state’s water industry.

Puncak Niaga also claimed damages, interest on damages and costs of loss of local and foreign business opportunities totalling RM13.49 billion.

In a filing to Bursa Malaysia yesterday, Puncak Niaga said it had served the sealed writ of summons against the state government, Tan Sri Abdul Khalid Ibrahim and Datuk Seri Mohamed Azmin Ali for abusing their powers in public office/misfeasance by threatening to cause and/or requesting or attempting to cause the federal government to invoke use of the Water Services Industry Act 2006 (WSIA) to force a take-over of the state’s water industry.

It said the matter is fixed for case management at the Shah Alam High Court on November 28, 2017.

Malaysiakini has a more detailed story:

Puncak Niaga sues Azmin, Khalid and Selangor for RM14b

22 Nov 2017, 10:42 am (Updated 22 Nov 2017, 11:50 am)

Puncak Niaga Holdings Bhd has filed an RM14 billion lawsuit against Selangor Menteri Besar Azmin Ali, his predecessor Abdul Khalid Ibrahim, and the state government over the takeover of the state’s water industry.

The water company alleged that both Azmin and Khalid had abused their powers by threatening to cause, or attempting to cause, the federal government to invoke the use of the Water Services Industry Act 2006 to force a takeover of the state’s water industry, The Edge reported.

In a filing with Bursa Malaysia yesterday, Puncak Niaga claimed that the Selangor government is “vicariously liable for the acts of Khalid and Azmin.”

Case management has been fixed on Nov 28 at the Shah Alam High Court.

Puncak Niaga is claiming damages, interest on damages and costs of the difference between the value of PNSB Water Sdn Bhd (formerly known as Puncak Niaga (M) Sdn Bhd) at RM2.08 billion and Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) at RM2.35 billion, and the actual purchase consideration of RM1.55 billion under the 2014 share purchase agreement between Puncak Niaga and Pengurusan Air Selangor Sdn Bhd.

It is also claiming for the loss of business opportunities both locally and abroad, totalling RM13.5 billion.

The Selangor government and Putrajaya signed a memorandum of understanding in 2014 which saw the former taking over four water concessionaires which had been operating in the state.

Under Selangor’s water restructuring exercise, the state government had taken over water assets which had belonged to Puncak Niaga, Syabas and Konsortium Abass, worth over RM6 billion.

The disposal of PNSB and Syabas was completed on Oct 15, 2015 for RM1.55 billion.

The consolidation of water assets is still ongoing, as the takeover of Splash, or Syarikat Pengeluar Air Sungai Selangor Sdn Bhd, has not been completed.

Knowing Azmin and Khalid are politically at loggerhead, Tan Sri Razali Ismail of Puncak Niaga pitted one against the other. Will they be able to put aside their politics to collaborate to defend themselves?

However, seeing the modus operandi of Azmin to reverse the state corporations’ decisions by Khalid even on cases legally in favour of the state, could it be a facade to reverse yet another decision of Khalid?

In many of the reverses, those familiar claimed there was kickback into PKR political war chest or Azmin’s early retirement fund. It seemed rather far fetch but given the right senario. BN has the ambition to takeover Selangor.

Since the announcement by Tan Sri Muhammad Muhammad Taib, all the former MBs of Selangor are talking to each other and possibly collaborating to make sure, Azmin does not continue as MB.

Tun Dr Mahathir’s only focus is to ensure the downfall of Dato Najib, so does the focus of  the former MBs.

It may have to do with the extensive corruption in Selangor that had an opposition source said,  “UMNO politicians maybe corrupt to get project to finance their constituency and politics but PKR is four times worse!”

This blogger can attest to the extensiveness and in humane nature of corruption in Selangor. The reason will be elaborated, God willing (Insya Allah), in future postings, but in the meanwhile, it can be briefly described as having strong similarity with happenings in Penang.

However, Rozali Ismail is another factor not to be overlooked. As one contractor too familiar with his attitude and business ethics described, “He is bloody greedy!”

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