Muda gets court nod in second bid for registration as political party

 

The Malaysian United Democratic Alliance (Muda) has obtained court leave to proceed with its second legal bid to be registered as a political party.

The Kuala Lumpur High Court today granted leave to the group during proceedings.

Muda’s counsel Lim Wei Jiet confirmed the outcome of the hearing before judge Noorin Badaruddin.

“Justice Noorin Badaruddin granted leave to proceed with the judicial review. The AGC (Attorney-General’s Chambers) had no objections (to Muda’s judicial review leave application).

“The next case management (of the judicial review) is fixed on June 8, 2021,” Lim said when contacted this afternoon.

With leave granted, the court will later fix a date to hear submissions from parties on the merits of the judicial review proper.

Senior federal counsel M Kogilambigai appeared for the AGC, who represents the two respondents in the matter, namely the home minister and the Registrar of Societies (ROS).

Previously, Muda had mounted an unsuccessful legal bid for registration. The Kuala Lumpur High Court on Feb 4 ruled that it should have appealed to the minister first over the issue before proceeding with the legal action.

Muda's earlier legal action was due to the ROS on Jan 6 rejecting its application for registration as a political party. The group had then proceeded to appeal to the minister on Feb 4.

However, on March 25, the group had issued a seven-day ultimatum for the minister and ROS to decide on its appeal due to an alleged delay in making a decision. 

The group warned that failure by the minister or ROS to abide by the ultimatum would result in another legal action.

Earlier on March 4, Malaysiakini reported Lim, who is also Muda vice-president, claiming that the minister had yet to answer concerning the group's appeal. 

In a media statement issued on April 26, he confirmed that the group's 13 sponsors have once again filed a judicial review application (the second one), this time targeting the minister's alleged inaction to decide on its appeal. 

Lim claimed that after the ROS rejected Muda's application in January this year, the group had on Feb 4 filed its appeal to the minister over the matter, per Section 18 of the Societies Act 1966.

"However, even though 81 days have passed since Muda filed its appeal on Feb 4, 2021, the home minister has yet to make any decision.

"In fact, Muda is made to understand that the home minister and/or ROS is still awaiting the 'security clearance' over several Muda sponsors," he contended.

"The failure of the home minister to make any decision on Muda's appeal is unreasonable, irrational and wrong in law. This is clearly another tactic of the Perikatan Nasional government to prevent an opposition political party from being registered.

"Muda hopes the court will reach a decision that is as just as possible and in affirmation of the right to association in Malaysia as enshrined in the Federal Constitution," he claimed.

Former youth and sports minister Syed Saddiq Syed Abdul Rahman

Muda is spearheaded by former youth and sports minister Syed Saddiq Syed Abdul Rahman.

Syed Saddiq was formerly Bersatu Youth chief until he was booted out from the party. Muda aims to be a youth-centric, multiracial political platform.

It was reported that among the reasons for Muda's earlier failed legal bid was an allegation that the home minister had asked Syed Saddiq to "commit" himself to the prime minister. At present, Muhyiddin Yassin is the premier of the PN-led administration.

On Jan 6, the ROS had also rejected a similar registration application by Parti Pejuang Tanahair (Pejuang), a group spearheaded by former prime minister Dr Mahathir Mohamad.

Pejuang has also recently gone to court for the second time to compel the ROS to register it as a political party. 

Before this, Pejuang had gone to court to challenge the ROS' delay in making a decision over the group's application to be registered as a political group.

However, the group withdrew the legal action following the ROS announcing its decision on Jan 6 to reject Pejuang's registration application.  - Mkini