KUALA LUMPUR – The high court here has granted Pejuang leave to commence its judicial review to compel the Registrar of Societies to register the entity as a political party.
Pejuang’s counsel, Muhammad Rafique Rashid Ali, told Malaysiakini: “Leave is granted. The next case management is on April 15. The AGC (Attorney-General’s Chambers) has no objections.”
The court has yet to fix a date to hear submissions on the merits of the judicial review.
Pejuang chairman and former prime minister Tun Dr Mahathir Mohamad on January 7 slammed RoS for allegedly referring to the home minister before it decided to reject the fledgling entity’s application.
He said members met RoS numerous times over the past few months and were informed that all matters related to the application were in order.
However, during the final meeting, RoS said it needed to discuss the application with the home minister, he said.
“According to the law, RoS has the right to make the decision on whether to reject or register (an entity).
“But even after RoS initially said things were good, they then said this matter needed to be referred to the minister.
“So now, the process of administration has become political, because they have exceeded the provisions, rules and laws.”
His scathing remarks came on the same day RoS rejected Pejuang’s bid to be registered as a political outfit.
Lawyer Mior Nor Haidir Suhaimi, representing Pejuang, said RoS had written to notify Pejuang pro tem secretary-general Datuk Amiruddin Hamzah of the rejection at 5.50pm the day before, saying the application was improperly done.
On December 10 last year, Amiruddin filed a judicial review application through Messrs Haidir & Co, naming the RoS director-general and the agency itself as the first and second respondents, respectively.
He applied for a declaration that the action of both respondents in not giving any decision or registering Pejuang was in conflict with their statutory obligations, as well as unreasonable and mala fide.
He alternatively applied for a declaration that the failure of both respondents to process the entity’s registration application is contrary to the applicant’s legitimate expectation.
In addition, a mandamus order was requested for the respondents to decide on Pejuang’s registration application according to Section 7(1) of the Societies Act 1966 within seven days of the date of judgment, costs and other relief deemed fit by the court.
On October 30, RoS said Pejuang’s application was incomplete.
It said the entity was informed of the need to ensure its application contained all the necessary information before any consideration for approval was given.
Amiruddin said the application was submitted on August 19.
Pejuang has, to date, submitted seven applications, none of which received a response, he said, adding that there is no indication an approval will be given anytime soon.
Until Pejuang is registered under the Societies Act, it is not allowed to use its logo or symbol, said RoS. – The Vibes, April 1, 2021
