Tuesday, November 30, 2021

Pejuang gets leave to challenge lack of action over registration appeal

Further case management will be held on April 15, during which a date will be fixed to hear the merits of the judicial review application.

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Pejuang today obtained leave from the High Court to challenge the action of the home minister and Registrar of Societies (RoS) for not yet deciding on its appeal to register the party.

Judge Ahmad Kamal Md Shahid granted the leave after senior federal counsel Mohd Sabri Othman, representing the home minister and RoS, informed the court that the Attorney-General’s Chambers (AGC) had no objection to Pejuang’s application.

“I record no objection from the AGC regarding the application for leave for judicial review and there is no order of cost for this case,” said the judge.

He set April 15 for further case management, where a date will be fixed to hear the merits of the judicial review application.

Pejuang, through its secretary-general Amiruddin Hamzah, filed the leave application on March 1, naming the home minister and RoS as the first and second respondents.

In the application, Amiruddin sought a declaration that the first respondent’s failure to decide on the party’s appeal, made in a letter dated Jan 8, against the second respondent’s decision rejecting its application to be registered, violated its statutory obligations under Section 18 of the Societies Act 1966.

The application also sought a declaration that the violation of the first respondent’s statutory obligation to decide on the party’s appeal was unreasonable, malicious and an improper attempt to deny the applicant’s constitutional right to freedom of association and to contest in the general election using its own logo.

Amiruddin said a mandamus order was also requested for the first respondent to decide on the party’s appeal and to order the RoS to finalise Pejuang’s registration seven days after a court ruling.

On Feb 2, Pejuang, which was founded by former prime minister Dr Mahathir Mohamad, submitted an appeal after its application to register as a political party was rejected.

Home Minister Hamzah Zainudin said the application was rejected on Jan 6 based on the provisions under Section 7 (3) (e) of the Societies Act 1966 (Act 335) and that they could file an appeal to the home minister within the next 30 days.

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