KUALA LUMPUR – The high court has ordered Home Minister Datuk Seri Hamzah Zainudin to make a decision on an appeal by Pejuang regarding its registration within 14 days from today, as reported by Bernama.
Justice Datuk Ahmad Kamal Md Shahid allowed Pejuang’s application for a judicial review against the action of the home minister and Registrar of Societies (RoS) for having yet to decide on its appeal to register the party.
In his judgment, justice Kamal said the first respondent (home minister) could not be taking too long to decide on the appeal as the issue involved was not too complicated.
He said he was of the view that the time taken by the home minister in deciding the appeal, approximately five and a half months from January 8, 2021, was beyond the convenient speed.
“I agree with the respondents (home minister and RoS) that it is necessary for the first respondent to carefully review each appeal before a decision is made. However, considering the facts and circumstances of the case, the time taken for the first respondent to carefully review the appeal must be of a reasonable time or with all convenient speed.
“In the instant case, it is my view that there are no complicated issues involved in making the decision.
“The reasons put forward by the first respondent as to his busy schedule does not carry weight. The first respondent has officers to assist him with all the tasks, including preparing all relevant documents and files for the first respondent to decide on the appeal filed by the applicant (Pejuang),” he said in his 32-page written judgment made available to the media.
Justice Ahmad Kamal said although the first respondent is not required under the Societies Act 1966 or Interpretation Act 1948 and 1967 to provide an estimated time frame, but without any effort to provide an estimated time frame makes it difficult for the first respondent to justify that the time taken for him to make a decision is the “all convenient speed or reasonable time”.
“To me, an unknown period of time cannot be interpreted as all convenient speed or reasonable time in this instant case. The respondents submitted that there are 102 appeals for the first respondent to decide.
“However, it is unclear to me how many of the 102 appeals is related to the registration of a political party and how many of the other appeals has the same or higher degree of importance and urgency which requires the first respondent to take speedier action to decide,” he said, adding that even though there were other cases and appeals for the first respondent to consider, the time taken to decide Pejuang’s appeal should not be too long as it did not involve complicated issues.
Justice Ahmad Kamal further said that it was clear that the first respondent was the only person who will make the decision and the process did not involve other persons.
“I take note that as a minister, the first respondent has other functions and duties, but to me the period of five and a half months is unreasonable for him in making such decision,” he said.
Justice Kamal also held that there was a delay by the minister in making the decision.
All convenient speed or reasonable time means ‘as soon as possible’ or ‘within a reasonable time’, and not ‘as late as possible’
The judge also said the court found that the minister had breach his statutory duty under Section 18 of the Societies Act 1966 on its omission or failure to make a decision on Pejuang’s appeal.
In his judgment, he said based on the facts and circumstances of the case, the order of mandamus should be granted against the first respondent to give his decision on the appeal by the applicant within 14 days from the date of the judgment.
“However, I am of the view that the prayer for mandamus order to instruct the second respondent (RoS) to finalise the registration of Pejuang must be dismissed. This is because the relief sought for falls outside the scope of Section 18(b) Societies Act, which is limited to confirm, reject or vary the decision of the Registrar within all convenient speed or reasonable time,” he said, adding that the judicial review application is allowed with no order as to costs.
Application rejection a convoluted affair
On January 6 this year, the RoS had rejected Pejuang’s application to be registered as a political party.
Lawyer Mior Nor Haidir Suhaimi, representing Pejuang, said the RoS had written to notify Pejuang pro tem secretary-general Datuk Amiruddin Hamzah of the rejection on the basis that the application for the registration was improperly done.
The home minister said the application was rejected on January 6 based on the provisions stipulated under Section 7(3)(e) of the Societies Act and that they can file an appeal to the home minister within the next 30 days.
On January 7, former prime minister Tun Dr Mahathir Mohamad – who is the Pejuang founder and chairman –claimed that RoS had in its meeting with Pejuang leaders said that it needed to discuss the application with the home minister.
Dr Mahathir said the party members had met with RoS numerous times over a few months and were informed that all matters related to the application were in order before they were told that it would be referred to the minister.
On February 2, Pejuang submitted an appeal after its application to register as a political party was rejected.
Pejuang, through Amiruddin, filed the leave application on March 1, naming the home minister and the RoS as the first and second respondent, respectively.
In the application, Amiruddin was seeking a declaration that the first respondent’s failure to decide on the party’s appeal, made via a letter dated January 8, against the second respondent’s decision that rejected its application to be registered, had 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 contest in the general election using its own logo.
On April 1, Pejuang obtained leave from the High Court to challenge the action of the home minister and RoS for having yet to decide on its appeal to register the party after the Attorney-General’s Chambers (AGC) did not object to the party’s application.
More than one case involving RoS and applications
Incidentally, Pejuang is not the only party that has been kept waiting over its bit to be registered.
The other party whose application has been in limbo is the Malaysian United Democratic Alliance (Muda).
The Kuala Lumpur High Court is now scheduled to hear an application by Syed Saddiq Syed Abdul Rahman and 12 others on August 12, on their challenge to the home minister and the RoS for having yet to decide on the appeal to register the Muda as a political party.
Syed Saddiq, who is the founder of Muda, and the others filed the application on April 26 and had obtained leave to initiate a judicial review’s application on May 25.
In the application, they are seeking a mandamus order for the home minister to reach a decision under Section 18 of the Societies Act 1966 on their appeal against the RoS’ decision in refusing to register Muda as a political party on January 6, seven days after a court ruling, as well as damages and other relief, deemed fit by the court.
Muda submitted an appeal on its registration as a political party to RoS and Hamzah on February 4. – The Vibes, June 25, 2021
