Thursday February 14, 2013
A-G to become intervenor in AES case
KUALA LUMPUR: The Attorney-General’s Chambers has been allowed to intervene in the judicial review application filed by a company against the Sepang Municipal Council over its decision to dismantle two Automated Enforcement System (AES) cameras on two highways.
High Court (Appellate and Special Powers) judge Justice Zaleha Yusof ruled that the Attorney-General had the right as it involved issues pertaining to the Federal Government.
“The Attorney-General is not just a person but a guardian of public interest,” she said.
Beta Tegap Sdn Bhd has been granted leave to initiate judicial review against the council over the matter.
Justice Zaleha said it was the principle of law, which was in accordance with Section 3 of the Civil Law Act 1956.
Senior Federal Counsel Amarjeet Singh, who appeared for the Attorney-General’s Chambers, told reporters later that the case would determine who had the proper authority to decide on the AES cameras.
He said Beta Tegap received the green light to do so from the Malaysian Highway Authority (MHA).
Amarjeet said the Attorney-General would invite the court to look at whether the Works Minister was the appropriate authority under the Road Transport Act.
“This is a question which is being raised for the first time in court.”
Beta Tegap, one of two companies awarded the AES contract, is seeking an order to quash the council’s Nov 19 decision — that it needed to have planning permission to install the cameras at KM301.7 of the North-South Highway heading towards Kuala Lumpur and the other at KM6.6 of the South Klang Valley Expressway (SKVE) heading towards Kajang.
It is also seeking an order to quash the council’s Dec 6 decision that ruled that the company had committed an offence under the Street, Drainage and Building Act 1974 by installing the AES cameras without permission, and had 14 days to demolish the pillars and remove the cameras.
The merits of the application will be heard today.