Dr Wafi: MAS employees questioning the wisdom of the “matrimony”

The learned Dr Wafi Nazrin Tan Sri Abdul Hamid, who is an expert in Competition Law

Below are the latest exchanged of e-mails between Dr Wafi Nazrin Tan Sri Abdul Hamid (Dr Wafi) and En Matdiah Mohammad, the Secretary of MASE. By right Dr Wafi should not feel so jittery about the outflow of informations from MAS if the secret MAS – AirAsia share swap really meant to save MAS i.e. encouraging collaboration between MAS/AirAsia and not to stifle MAS/Firefly. As a professional, Dr Wafi should call a spade and spade. The outflow of informations from MAS employees are nothing if compare to the informations that are accessible to the directors of MAS. Dr Wafi should be more concerned about the outflow of information to the competitors of MAS unless he knew that the spirit of the secret share swap and the so-called “Collaborative Framework” were meant to stifle MAS and Firefly indirectly.

Until this day, Tan Sri Azman Mokhtar, his former business partner whizz kid En Mohammed Rashdan Yusof aka Danny or YB Datuk Awang Adek, the Deputy Minister of Finance were all unable to provide details of the so-called “Collaborative Framework” between MAS and AirAsia. Perhaps Dr Wafi may have special knowledge of the secret share swap and the so-called “Collaborative Framework” that made him so jittery about the outflow of information. 

By the way the Public Account Committee (PAC) will be meeting on 18-10-2011. I believe that the PAC will commence an investigate into the secret share swap and the so-called “Collaborative Framework”. Dr Wafi should be called to testify why he was so jittery about the outflow of informations from MAS and whether the said secret share swap and the “Collaborative Framework” have contravened the Competition Act 2010

Below are the e-mails in question. Read HERE for Dr Wafi e-mail of 10-10-2011.

From: Dr. Wafi Nazrin
Sent: Wednesday, October 12, 2011 1:28 PM
To: Matdiah Mohammad; YOUR VOICE ONLINE; Ahmad Jauhari Yahya; Md Nor Yusof
Cc: MASEU – Graded Union; Ahmad Kamal Muhamad; Philip Lee Beng Chuan; Lim See Fong @ Lim See Fhang; Lim Swee Seng; ‘/Http/mhmail.malaysiaairlines.com/o=MH/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=dinza’; Ab Halim Said; Chai Chee Kong; Chandran Sekhran; Amir Ihsan Abdul Latif; Hussin Shamsudin; Izwan Ismail; Jamaludin Sanusi; Kamarul Zaman Saisi; Najmi Rahimi Muzni; Tengku Fachruddin Tengku Suleiman; Dr Vince See Eng Teong; Sharifah Julina Afaf Syed Jalaludin
Subject: Re: MAS-AK-Air Asia X Joint Collaboration – Flow of Information

Salaam sejahtera en. Matdiah. Referring to your email and query, I would point out as follows –

1. The strategic intent of MAS and AK/AKX to collaborate are embodied in the Share Swap and Collaboration agreements. Both were drafted and cleared by external lawyers.

2. Through the shareswap TF and KM now hold shares and directorships in MAS. As directors and by law, they have certain rights and obligations, including the right to MAS’s information whilst acting as a MAS director. In particular, they are under a legal fiduciary duty to act in the best interests of MAS, and not for any other purpose. Further, a substantial part of their wealth is now in MAS.

3. Apart from TF and KM as in para 2 above, the external lawyers have further advised us to provide clarity to MAS staff as regards antitrust law and the exchange of information with staff of competitors. Hence, that is why we issued the guidelines as per the UVoice Circular dated 10.

Wassalam.

See below the reply MESA’s secretary

From: Matdiah Mohammad
Sent: Wednesday, October 12, 2011 4:07 PM
To: Dr. Wafi Nazrin; YOUR VOICE ONLINE; Ahmad Jauhari Yahya; Md Nor Yusof
Cc: MASEU – Graded Union; Ahmad Kamal Muhamad; Philip Lee Beng Chuan; Lim See Fong @ Lim See Fhang; Lim Swee Seng; ‘/Http/mhmail.malaysiaairlines.com/o=MH/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=dinza’; Ab Halim Said; Chai Chee Kong; Chandran Sekhran; Amir Ihsan Abdul Latif; Hussin Shamsudin; Izwan Ismail; Jamaludin Sanusi; Kamarul Zaman Saisi; Najmi Rahimi Muzni; Tengku Fachruddin Tengku Suleiman; Dr Vince See Eng Teong; Sharifah Julina Afaf Syed Jalaludin
Subject: RE: MAS-AK-Air Asia X Joint Collaboration – Flow of Information

Salaam Dear Doctor, cpy rest

Thank you for pointing out the strategic intent of the Share Swap and Collaboration agreements and the fact that these were drafted and cleared by external lawyers; and that the personalities had, by law, acquired the legal rights to such information.

Whilst I agree that they have the fiduciary duty to act in the best interests of MAS, I do feel that it will be a very, very tall order and insurmountable task to convince our fellow employees to believe that mere mortals could keep their personal and professional interests apart.

Already there are murmurs and rumblings on the ground, internally and externally, questioning the wisdom of the “matrimony”.  I will be lying if I am to claim that as union leaders, we are in position to compel members and fellow employees to believe otherwise.

Wassalam

Matdiah Bin Mohammad

Secretary, MESA.

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