Court puts freeze on Mohd Isa's KPF membership

The High Court in Kuala Lumpur has put a temporary freeze on Mohd Isa Abdul Samad's appointment as chairperson of Felda Settlers' Cooperative Bhd (KPF) and his membership in the cooperative.
Judge Abang Iskandar Abang Hashim said there was merit to the leave sought by four Federal Land Development Authority (Felda) settlers challenging Isa's membership and chairing of KPF.
Justice Abang Iskandar also rejected all preliminary objections raised by senior federal counsel Shamsul Bolhassan, the settlers' lawyer Mohamed Hanipa Maidin told reporters.

As such, the decision in chambers today allows an interim stay on  Isa's KPF membership and his position as chairperson.

"So there is a meeting for the KPF AGM tomorrow and Mohd Isa can't attend it," Hanipa told reporters after emerging from the chambers.
The application for judicial reviewwas filed last Friday by Felda Jengka settlers Abdul Talib Ali, Abdul Mubin Abdul Rahman, Abdul Razak Mohammad and Muhamad Nor Atan.

The Malaysia Cooperative Societies Commission (MCCC), its dispute panel and KPF were named as respondents.

The settlers are challenging the MCCC decision that Isa's appointment to KPF's board is intact despite irregularities. They want the May 23 decision to be declared void and for an order of certiorari overruling it to be issued.

Isa's appointment violates KPF by-laws

In addition, they are seeking an order of mandamus to compel KPF to cancel Isa's appointment as chairperson. The four are seeking general, aggravated and exemplary damages.

The MCCC has admitted that Isa's appointment violated KPF's by-laws, which require him to be either a settler or a member of a settler's family, and to have been a cooperative member for at least two years before being eligible to be appointed to the board.

However, MCCC added, no action could be taken against Isa “because there is no legal provision” to do so.

Domestic Trade, Cooperatives, and Consumer Affairs Minister Ismail Sabri Yaakob (right) had also weighed in, saying he had used his powers as a minister to exempt KPF from following the by-law in order to allow Isa’s appointment as chairperson. 

Hanipa said among the objections raised by federal counsel Shamsul were that the MCCC decision did not affect the settlers, that they had no locus standi to challenge the decision and that the issue was not a matter of public law.

"The court rejected all the objections," Hanipa added with a chuckle.