A senior citizen and long-time Petaling Jaya resident is appealing to the State Information Board over the Selangor government’s failure to comply with its own Freedom of Information laws regarding the controversial Kinrara-Damansara Expressway (Kidex) project.

She has written this week to the Menteri Besar Khalid Ibrahim “expressing her disappointment” with his decision not to release the information she requested about Kidex or to comply with the legislation.

The appeal follows from a request last month on June 4, 2014 by the seventy-five-year old grandmother of three, Madam Chia Gek Suan, who has lived in SS2 for more than 40 years, to find out more information about the Kidex project under the Freedom of Information law.

The 30 day period for responding under the legislation by the Selangor government passed without Madam Chia receiving a response. When it did arrive on July 8, the response was inadequate and did not comply with the Freedom of Information law.

The Freedom of Information (State of Selangor) Enactment of 2011 was passed by the Pakatan Rakyat-led Selangor state government to “enhance disclosure of information for the public interest, to provide to every individual a reasonable right of access to information made by every department of the state government and to promote transparency and accountability for each department in the state government.”

When her application was made it was seen that it could be a test case for the Selangor government’s commitment to transparent and accountable governance. No such legislation exists at Federal level.

The government did release some information to the press about the Selangor government’s consideration of the project in mid-June (a short excerpt of one meeting). They then delayed responding formally to Madam Chia’s formal request, and replied without providing the information requested.

Madam Chia has therefore decided to appeal to the State Information Board on the basis that she is:

• Is dissatisfied with the decision which fully ignores one part of the request (regarding the letter) while only partially responding to the other part of the request (regarding the minutes of relevant meetings) in contravention of the Enactment;
• Is dissatisfied with the manner of disclosure on the basis that it does not correspond with the request and is incomplete, and on the basis that release of the information through the media giving the impression of compliance with the Enactment was misleading;
• Did not receive the information within the prescribed time but rather beyond the thirty day time period specified in the Enactment; and
• Is aggrieved that the state government chose to widely disclose her personal information, which may have a chilling effect on future applications under the Enactment, undermining its object and purpose of enhancing disclosure of information for the public interest, and to provide to every individual a reasonable right of access to information.

“The failure to provide information within the time required, or to provide all the relevant information requested, or to provide reasons for withholding the information I asked for, place the Selangor government in contravention of the Freedom of Information Enactment (2011)”, she said in a letter to the menteri besar.

She urges the menteri besar “rectify these failures immediately by releasing the full minutes of all meetings where Kidex was discussed and the letter dated Feb 23, 2012, without being directed to do so by the State Information Board”.

Her letter to the menteri besar says “the people of Selangor deserve answers about the Kidex project, and it is saddening that we have to resort to the law to get them from you”.