Bersatu granted stay against ROS dissolution order

Bersatu was today granted leave by the Kuala Lumpur High Court for merits of its challenge against a provisional dissolution order by the Registrar of Societies (ROS) to be heard in full.

The court also granted the party a stay of the provisional dissolution order against it given by ROS director-general Surayati Ibrahim on April 5.

With leave granted, the full merits of Bersatu's judicial challenge including nullifying any decision by the ROS to dissolve the party can now be heard.

Bersatu lawyer Rosli Dahlan confirmed when contacted that leave and a stay had been granted.

He said Justice Azizah Nawawi had ruled that Bersatu secretary-general Shahruddin Mohd Salleh had shown that there was an arguable case.

Bersatu had submitted that Section 14(5) Societies Act could only be invoked if the particulars are not furnished within the specified time, in compliance with the ROS letter dated Feb 28.

"In the present case, however, Shahruddin takes the position that the party had furnished the particulars in writing and within time vide its letter dated March 27, March 29 and March 30.

"The applicant takes the position that the ROS acted ultra vires and literally abused her powers when she issued the Section 14(5) notice which provisionally dissolved Bersatu in the wake of the general election," said the court.

In granting the stay, the court said if the stay was not granted and Bersatu remains provisionally dissolved, it may cause irreparable damage to the political party in its attempt to provide an alternative choice to voters.

"As such, I am of the considered opinion that the ROS decision dated April 5 must be stayed pending the disposal of the substantive application (i.e. merits)," Justice Azizah said.

'No hindrance'

Bersatu president Muhyiddin Yassin (above) in an immediate response said that he had got word that a preliminary objection by the Attorney-General's Chambers had also been rejected by the court.

"This means that Bersatu's complaint to the court against the ROS will now be heard following the ROS' wrongful action. The court has also granted a stay of the provisional dissolution given by the ROS until the disposal of this application.

"With this Bersatu can continue with its struggle to bring change in the 14th general election. There is no hindrance for Bersatu to function as a valid political party," he said.

The court then fixed May 7 for case management.

It was reported that the application before Justice Azizah was the second filed by Bersatu on April 13 after another High Court judge Justice Kamaludin Mohd Said refused to grant leave on April 11.

The ROS had on April 5 issued Bersatu a provisional dissolution order saying that it had failed to submit the required documentation for registration.

The party denied this saying all required documents had been submitted before the deadline. It subsequently mounted legal challenges against the ROS decision. - Mkini