YB Nik Nazmi and I just completed our meeting with PKNS management including the GM Haji Azlan. We were allowed to read the JV Agreement but were not allowed to keep a copy. Anyone who wishes to sight the JV Agreement can apply to PKNS at the front desk of PKNS. The JV agreement that I saw today is sub-standard. The agreement was signed by ex GM Othman, back then in 2011 the Chairman of PKNS is TS Khalid Ibrahim as MB Selangor.
Last month, YB Hannah Yeoh proposed that all agreements involving the Selangor government and governmental bodies must be published and made available to the public after signing. I support her proposal and hope that the MB Azmin Ali will agree to implement this transparent process. If we have this process in place, I am certain that all future agreements will be fairer and watertight.
Back to the PKNS field issue. PKNS signed a JV agreement to assist (to their best endeavours) Melati Ehsan to develop Sports City. This is their legal obligation, failing which they may be sued for compensation.
No compensation sum has been specified in the JV agreement and the only termination clause available to PKNS is via the MB exercising national interest powers.
Bottomline is thus: only the MB can terminate the JV on “national interests” ground and if he thus terminates, Melati Ehsan will not be compensated. If the agreement is terminate on other grounds, Melati Ehsan may sue PKNS.
My recommendation to PKNS: to conduct a complete legal opinion on the JV Agreement and to brief YB Nik Nazmi and I as soon as possible.