[UPDATED] GE15: high court bins Santiago’s bid to stop election

KUALA LUMPUR – The high court today has binned incumbent Klang MP Charles Santiago’s application to stop the 15th general election.

In reading his judgement today, high court judge Datuk Ahmad Kamal Md Shahid said Santiago has no reasonable cause of action to stop the elections as is not a “justiciable” matter as the power to dissolve the Parliament is the sole prerogative of the Yang di-Pertuan Agong (YDPA) who acts on the prime minister’s advice.

“I am of the view that the plaintiff at this juncture has no reasonable course of action against the defendants, on the grounds that the request, the proclamation, as well as the dissolution of Parliament is not a justiciable subject matter.

“The defendant admitted that the relative power will dissolve the parliament is vested solely in the YDPA.

Kamal also it was also the prerogative of the prime minister to dissolve parliament without having the need to consult with his cabinet member, in accordance with the federal constitution.

Kamal also stated that Santiago’s application is “scandalous, frivolous and abuse of the court process” and should be struck out.

Kamal also ordered Santiago to pay RM20,000 in total to all three defendants – caretaker prime minister Datuk Seri Ismail Sabri Yaakob, the Malaysian government and the Election Commission. 

In the summons filed at the Kuala Lumpur High Court on October 11, Santiago had sought a declaration that the declaration of dissolution contravened Article 40(1) of the federal constitution as the request of the prime minister to dissolve Parliament was not made in consultation with the cabinet.

He also sought that the declaration of the dissolution by the YDPA can only be done under Article 40 (1). 

Santiago was the MP for Klang since 2008 but will not be fielded there by the party in the election scheduled for November 19.

In a brief statement to the press, Santiago said he has instructed his lawyers to appeal against the court’s decision.

“With the utmost respect to the learned judge, and after having perused the grounds of judgment, I think that this decision places too much power on the prime minister.

“I also feel that citizens should not be imposed with costs for bringing matters of public interest to the courts. I was surprised that the Defendants actually asked for a cost of RM200,000 against me.

“We will ventilate these points in the appeal,’’ said Santiago. – The Vibes, October 28, 2022