KUALA LUMPUR – The high court will hear on May 31 an application by Pejuang to challenge the home minister and Registrar of Societies (RoS) over the lack of decision on its appeal to be registered as a political party.
Judge Datuk Ahmad Kamal Md Shahid, who set the date during case management today in the presence of counsel Muhammad Rafique Rashid Ali, representing Pejuang, and senior federal counsel Nik Isfahanie Tasnim Wan Ab Rahman, representing the home minister and RoS, said the court should hear the case immediately as it is of public interest.
The court ordered the two respondents to file an affidavit-in-reply by May 3, while the applicant must file its own by May 10.
“Both sides must also file their written submissions before or on May 27.”
On April 1, Pejuang obtained leave from the high court to challenge the home minister and RoS for having yet to decide on its registration appeal, after the Attorney-General’s Chambers did not object to the said application.
Pejuang, through its secretary-general Datuk Amiruddin Hamzah, filed the leave bid on March 1, naming the home minister and RoS as the first and second respondents, respectively.
Amiruddin is seeking a declaration that the home minister’s failure to decide on Pejuang’s appeal, made via a letter dated January 8, against the second respondent’s decision to reject the registration application, is in violation of statutory obligations under Section 18 of the Societies Act 1966.
The application also seeks a declaration that the violation of the home minister’s statutory obligation is unreasonable and 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 February 2, Pejuang, which was founded by former prime minister Tun Dr Mahathir Mohamad, submitted an appeal after its application to be registered as a political outfit was rejected.
Home Minister Datuk Seri Hamzah Zainudin said the application was rejected on January 6 based on provisions stipulated under Section 7(3)(e) of the Societies Act, and that an appeal can be filed with him within the next 30 days. – Bernama, April 15, 2021