The Borneo Post (Sabah)

May 31 hearing on Pejuang's bid to challenge no action by minister, RoS


KUALA LUMPUR: The High Court will hear on May 31 an applicatio­n by Parti Pejuang Tanahair (Pejuang) to challenge the action of the Home Minister and the Registrar of Societies (RoS) for having yet to decide on its appeal to register the party.

Judge Datuk Ahmad Kamal Md Shahid, who set the date during case management on Thursday in the presence of counsel Muhammad Rafique Rashid Ali, representi­ng Pejuang, and senior federal counsel Nik Isfahanie Tasnim Wan Ab Rahman, representi­ng Home Minister and RoS, said the court should hear the case immediatel­y as it was of public interest.

The court ordered the respondent­s (Home Minister and RoS) to file an affidavit in reply before or on May 3 while the applicant (Pejuang) must file its affidavit-in-reply before or on May 10.

“Both parties must also file their written submission­s before or on May 27," he said.

On April 1, Pejuang obtained leave from the High Court to challenge the action of the Home Minister and the 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.

Pejuang, through its secretaryg­eneral Datuk Amiruddin Hamzah, filed the leave applicatio­n on March 1, naming the Home Minister and RoS as the first and second respondent, respective­ly.

In the applicatio­n, Amiruddin is seeking a declaratio­n that the first respondent's failure to decide on the party's appeal, made via a letter dated Jan 8, against the second respondent's decision that rejected its applicatio­n to be registered, have violated its statutory obligation­s under Section 18 of the Societies Act 1966.

The applicatio­n also seeks 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 Feb 2, Pejuang, which was founded by former Prime Minister Tun Dr Mahathir Mohamad, submitted an appeal after its applicatio­n to register as a political party was rejected.

Home Minister Datuk Seri Hamzah Zainudin said the applicatio­n was rejected on Jan 6 based on the provisions stipulated under Section 7(3)(e) of the Societies Act 1966 and they can file an appeal to the Home Minister within the next 30 days.

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