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Lesson from AirAsia’s lawsuit against MAHB

Tony Fernandez and Rafidah Aziz are high-profile individuals.  When AirAsia sues Malaysia Airports Holdings Berhad (MAHB), everyone takes notice.

Something must have gone terribly wrong or frustrating for AirAsia to take such a drastic action. To me, the airline must have exhausted all negotiations or have run out of all remedial alternatives.   

AirAsia is a big player. This is where the difference is. When it gets frustrated, concerted actions were be taken by the airline to demand decent services from the service provider, MAHB. More so, the services demanded are closely related to safety and operational efficiency of the airline.

There were controversies when KLIA2 was being constructed. In addition to cost overruns, we, too, have read of delays, shoddy works and poor finishing. Hence, it is not unexpected that the airport has continued to mire in difficulties.

But then, are the problems in KLIA2 unique to Malaysia? If we look around us, are these not quite typical of most government-related projects? Probably the only difference is that KLIA2 has a big stakeholder who knows how to play hardball.

Have we not seen the roof of a brand-new stadium falling? Have we not seen the ceilings of courthouses and hospitals giving way and pipes bursting? Have we not experienced half-finished, haphazard and undulating roads? Have we not shut down certain link-roads or flyovers because of frightening cracks not long ago?

Indeed, the problems we face, be it at KLIA2 or elsewhere, are not just confined to physical implementation alone. That would be too simple an analysis. In many instances, even the conceptual plans were not right. This is followed by poor governance, moral hazard, lack of close supervision and perhaps outright corruption.

If we look at billions spent in our schools, universities, the police and local authorities, do we really get the quality of service and outputs we expected?  And for special projects like Permata, 1Bestarinet, the Port Klang Free Zone (PKFZ), the National Feedlot Corporation (NFC) and 1MDB, do the ordinary people really know what they are getting at?  

This is my question: can the ordinary rakyat sue the service providers just like AirAsia suing MAHB since they have been suffering for years with poor service or mega wastage?

Perhaps AirAsia has provided us the impetus to push the boundary.

When our homes are burglarised more than two times, we shall have the right to sue the police for compensation due to their incompetence and ineffectiveness.

When our children can’t read and write after spending six years in schools, we shall have the right to sue the Education Ministry for part of the teachers’ salary.

When the construction of a hospital is delayed beyond the contractual period, we shall sue the contractors for hospitalisation and medical treatment forgone.

When we drive on too many substandard and undulating roads, we shall have the right to sue for the cost of shock absorbers and time wasted.

When we are infected with dengue twice, we shall have the right to sue the Health Ministry for free medical treatment and income forgone.

When our homes are invaded by flyovers and MRT lines, we shall have the right to sue for peace and tranquillity forgone.

All these may sound very unreasonable to most of you. Don’t worry, I have not gone bonkers yet; it is meant to be this way - unthinkable, weird, absurd, ridiculous, and stupid. Is this not what this nation has gradually become?

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