Phoong never approved eviction notice for Wisma Kosan, says former political secretary
1 Aug 2021 By Wartawan Nabalu News KOTA KINABALU: Former State Youth and Sports Minister Phoong Jin Zhe has never agreed to nor approve any eviction notices of Wisma Kosan, his former political secretary Henry Shim clarified. Shim said the former minister who was also the chairman of the Kosan's Board of Directors stood firm throughout his tenure that no eviction notice shall be issued until the decision is supported by majority members through the 37th Annual General Meeting. "In the last few meetings of Phoong’s term before the state election was held in September 2020, he instructed the board to look into organising the AGM as it is the sole proper platform to seek for endorsement from all eligible members of KOSAN. "It was supposed to be held in end of 2020, but due to Covid19 situation it was delayed," he said in a statement. The DAP Organizing Secretary also stated that the former minister was urged to approve the eviction notices in multiple occasions by related parties. According to him, Phoong also consulted professional legal experts to look into alternatives including termination of the Joint Venture (JV) agreement. "The JV agreement was signed by the late Datuk Tawfiq Titingan, former Sabah Youth and Sports Minister cum Former Chairman of KOSAN on Aug 24, 2015. "Phoong consulted various lawyers regarding the agreement and could Kosan terminate the agreement signed with Harmoni Bumiria Sdn Bhd. "It was not only one piece of land in Likas but Kosan's land in Petagas was included," he revealed. Shim also disclosed that a dispute arose while Kosan members found out about the agreement continue to proceed without consensus. "The main dispute is that the agreement was never passed in any AGMs of Kosan, the members are unhappy as they felt sidelined because they do not think that they would gain from the agreement. "The members felt jeopardized as agreements are made behind their backs, the members felt unhappy too as they do not gain from the agreements, this is what frustrates the majority members of Kosan." According to the agreements, if Kosan cannot fulfill its duty mentioned clearly in the agreements, they would have to compensate the developer. "Kosan is legally bound as the agreement is valid and enforceable. Phoong has been looking into alternatives on whether is there a possibility to terminate the contract. “He also looked into the possibility of a supplementary agreement to maximize and safeguard the interest of Kosan and the members," "He would never allow any companies to harm or jeopardize the benefits of Sabahans and that is why he proposed that the agreement must be discussed thoroughly and be voted at the next AGM," he slammed. On the February 18 last year, Shim said an EGM was held under the instruction of Phoong to put the agreement to test. The results of the voting were 178 against 257 votes. It was clear that majority members disagreed to proceed with the original JV agreement, he added. "Kosan would possibly to compensate Harmoni Bumiria Sdn Bhd for termination. However, Phoong was decisive on terminating the agreement involving the Petagas land of Kosan. "He believed that democracy should always be upheld and Kosan's interest should be decided by its members and for the Wisma Kosan land in Likas, that’s why Phoong proposed it to be tabled in the next AGM." "We also saved a lot of money by reforming the purchases of KOSAN and a lot of unnecessary expenses were reduced. "Phoong even surrendered all allowances and privileges that were entitled for the Chairman, he believed that these were unnecessary. "He always stood by the spirit that all decisions must be made through the AGM, including approval for eviction notices. “He also continues to believe that this issue could be resolved by pouring more effort to communicate to the members. I second his idea that every decision regarding this JV agreement must be discussed and voted in the next AGM," he said.