KUALA LUMPUR – The Court of Appeal has denied Putrajaya’s stay of execution application against a high court decision that confirmed Malaysian mothers’ equal rights to automatically confer citizenship to their overseas-born children.
A three-quorum panel featuring Datuk Seri Kamaludin Md Said, Datuk S Nantha Balan and Datuk See Mee Chun chaired the hearing today.
They agreed with senior lawyer Datuk Gurdial Singh Nijar who told the court the current matter is about people, not property or money.
He emphasised that the children should be allowed to enjoy the fruits of the successful high court judgement immediately.
NGO Family Frontiers said in a statement that this ruling is in line with Putrajaya’s commitment made on September 24 to amend the federal constitution to give recognition to the previous high court decision.
“The Court of Appeal’s decision would mean that Malaysian mothers can now obtain identity documents for their overseas-born children, consequently putting an end to these children’s struggles with regard to access to fundamental rights – this includes affordable healthcare and education, and the ability to live with their family without the fear of separation.
“Malaysian mothers are ecstatic by the decision,” said the NGO.
Initially, on September 9, the high court ruled that the federal constitution prohibits gender discrimination that allows mothers married to foreign husbands to confer citizenship on their children by operation of the law.
Following the decision, Putrajaya filed an appeal to the high court along with a stay application.
On November 15, however, the high court dismissed the government’s stay application, prompting the cabinet to file another appeal.
The government filed an interim stay to temporarily suspend the implementation of the high court order pending the hearing of the mainstay application on March 18, 2022. – The Vibes, December 22, 2021
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