Petronas is an “elephant” in financial and performance terms
Who is checking the Petronas accounts? (DE letter dated 10
March, 2019) deserves a response. Who can remain silent or indifferent for so
long since 1974 with the Petroleum Development Act, 1974?
Actually, I did lodge two Police Reports on Petronas as far
as they affect Sabah in all aspects of the oil exploration and the performance
thereof. The two Police Report are (1) Petronas
Sabah KK/rpt/27530/04 on 21 Dec 2004 on
Petronas and its performance and impact on the welfare of Sabah. Why has this
become an issue after 28 years since 1976? And (2) the Petroleum Development
Act and Petronas, PM; National Petroleum Advisory Council L/002072/08 on 11/7/
08.
Performance of Petronas based on Sales revenue from 2004 to
2017 of a roller coaster trend from a high of RM329.1billion (2014) to low of
RM97.5 b (2004) as listed as RM97.5b (2004) RM137.0b (2005) RM167.4b (2006) RM184.1b (2007) RM223.1b (2008) RM264.2b (2009) RM210.8b (2010) RM241.2b(2011) RM291.0b (2012) RM317.5b (2013) RM329.1b (2014) RM235.0b
(2015) RM195.1b (2016) RM223.6b (2017).
(Source: Petronas website). It has been
rising from 2004 to 2009 and then down in 2010 and up and down until 2017. Who
can give the explanation to such inconsistent performance? Can such extreme volatility happen to any
public or private companies and yet remain in business without any issues? The value of the Ringgit in 2008 (RM223.1b) is
not the same as in 2017 (RM223.6b) when purchasing power has greatly declined
in 2017 hence any comparison in pure figure can be meaningless in term of performance.
How accurate, transparent and accountable are the reports
without subject to independent scrutiny especially it is now assumed that
Petronas had a free hand to do as it liked prior to Company Act 2016 (CA
2016)?
Since CA 2016, Petronas had posted a note in its website as “The
Company and the following subsidiary companies, have been granted a relief
order pursuant to Section 255(1) of the Companies Act, 2016 relieving the
Directors of the companies form (from?) full compliance to the requirements
under Section 253(2) of the Companies Act, 2016” (source: Annual Report 2017).
Also in the website, there is a standard notice restricting
the public to use the data of Petronas with legal implication for such use.
So “Who is checking the Petronas accounts?” brings back some
hollowness when Section 253 (2) of CA 2016 is an “approved” violation or
departure from compliance in good governance. Petronas and its massive group of
companies had been audited by a range of public auditors but not supervised by
the Auditor General.
On 25th March, 2019 Institute for Development
Studies (IDS) together with G25 Malaysia and C4 held a Sabah Forum on
Institutional Governance and Reform of GLCs where the Sabah CM Datuk Seri Shafie
Afdal officiated and gave a key note address on such important matters faced by
the State and the nation.
We are aware that Petronas has a governance issue and much
reform is needed but nothing is making any headway to deal with the “elephant”
in the nation.
So I suggest strongly that a Royal Commission of Inquiry be
instituted to look at the following agenda namely its performance for decades
without public scrutiny, its affairs with the two major zones of oil in Sabah
and Sarawak, the volatility of revenue especially in recent two decades, the
noncompliance of PDA 1974 and now the CA 2016 as to the governance, its global
connections, its outsourcing and Production Sharing Contracts, Joint Venture
Agreements and other commercial undertaking as adverse impact on the gross
revenue, various key indicators and debts servicing plus role in public affairs
including fair distribution of the corporate social responsibilities.
Joshua Y C Kong
28/03/2019