Are Malaysians entitled to electricity as a Human Right?
YES. But has it been acknowledged as a human right in Malaysia? NO, it has not been acknowledged.
And this is where the complications within the electricity industry lie.
We will look at the ‘complications’ in later snippets. But for now, let’s discuss the recent news release of Malaysian electricity exports to Singapore. It was all over the media about Malaysia exporting 100 megawatts (MW) of electricity into Singapore, as part of a two-year trial, under an agreement between YTL PowerSeraya (Singapore) and TNB Genco (Malaysia).
Questions: Are all Malaysians been given access to electricity 24-7 such that Malaysia has excess electricity to export? Are there any vulnerable groups who have been excluded? Have there been equal opportunities for utility companies in Malaysia to export electricity?
Unfortunately, poor people like squatters are not entitled to electricity; see the Malaysian Federal Court case of TNB v Bukit Lenang Development Sdn Bhd where the court held it unlawful for electricity utility companies such as TNB to encroach on private lands to supply electricity to illegal occupiers of land. TNB would be liable for trespass.
With this in mind, how does the Energy Commission (EC) as the electricity regulator balance its duty under the Electricity Supply Act 1990 [Act 447] allowing TNB Genco to export electricity for profit whilst the poor are denied electricity?
Secondly, what is strange is that Act 447 does not enable the EC to license electricity exports beyond Malaysian territory. So how has TNB Genco been licensed for its export?
Act 447 and the Electricity Regulations 1994 have not been amended to allow electricity exports beyond Malaysian borders.
So, is the export deal legal?
https://www.thestar.com.my/business/business-news/2023/01/30/ytl-powerseraya-tnb-genco-to-export-100mw-of-electricity-to-singapore
