KOTA KINABALU:The High Court at Kota Kinabalu has today heard the judicial review application by three villagers from Kg. Kalanggaan, Kg. Buayan and Kg. Kionop in Penampang against Datuk Amarjit Singh, Datuk Peter Anthony (as Minister of Infrastructural Development of Sabah), Datuk Safar Untong (as Sabah State Secretary) and Sabah State Government to challenge the Letter of Intent dated 10 October 2019 signed by Datuk Amarjit Singh when he was the Director of Sabah Water Department.
In a statement issued by Aloysius Danim Siap who is representing the villagers, 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 High Court Judgment on 9 October 2019, Datuk Amarjit and the other respondents 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”.
The villagers’ counsel, Yong Yit Jee, said that Datuk Amarjit Singh, being an illegal director, had no authority to execute the Letter of Intent dated 10 October 2019 as he was declared illegal on 9 October 2019.
The respondents issued a letter dated 30 October 2019 transferring Datuk Amarjit Singh to Chief Minister Office as Technical Adviser effective 11 October 2019 and then another letter dated 1 November 2019 reappointing him as Director of Water Department effective 14 October 2019. T
respondents’ subsequent actions after the high court judgment dated 9 October 2019 tantamount to a clean admission that Datuk Amarjit Singh’s earlier appointment on 10 August 2018 is illegal, Aloysius Danim Siap who is also a Vice-President of SAPP, said in the statement.
State Attorney-General, Dayangku Noranisah, informed that the Letter of Intent is not a decision because no letter of award has been issued. She told the Court that the applicants have no locus standi to bring this action as this action is premature.
Upon hearing submissions from both parties, the High Court Judicial Commissioner, YA Tuan Leonard David Shim, asked the respondents to file an affidavit by 30 July 2020 to state who made the decision to issue the Letter of Intent. The Court then fixed 24 August 2020 for the next round of hearing.
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 State Attorney-General Dayangku Noranisah.-pr/BNN
