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Monday, November 30, 2015

Anina broke contract when she took Umno to court, says lawyer

Former Umno member Anina Saaduddin says the termination letters issued after her suit against party president Datuk Seri Najib Razak are invalid. – The Malaysian Insider file pic, November 30, 2015.Former Umno member Anina Saaduddin says the termination letters issued after her suit against party president Datuk Seri Najib Razak are invalid. – The Malaysian Insider file pic, November 30, 2015.
Former Umno member Anina Saaduddin was contractually barred from taking the party and its office bearers to court, the High Court heard today.
Lawyer Datuk Mohd Hafarizam Harun said members were bound by party rules and had no locus standi to turn to the court.
"The contract law applies once a member joins the party, not constitutional law," he said in his submission to strike out Anina's suit against Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor over her sacking from Umno.
She also filed a complaint with the Umno disciplinary board to summon Najib, who is also prime minister, to explain the RM2.6 billion which has been described as a political donation from a Middle Eastern benefactor.
Tengku Adnan issued two letters on September 1 and 2 over her termination. The former Langkawi Umno Wanita leader filed the suit against Tengku Adnan on September 11.
She is seeking an order that the two termination letters issued by Tengku Adnan were invalid and had no effect on her membership.
Tengku Adnan on October 5 filed an application to strike out the suit on grounds that a party member was barred under party rules and the Societies Act from bringing grievances to court.
Hafarizam, who is appearing for Tengku Adnan, said the party secretary-general was acting on behalf of the Supreme Council in sacking Anina.
"The plaintiff cannot come to court and claim she was denied the rules of natural justice," he added.
He said Anina could only appeal to reinstate her membership three years after her dismissal.
Hafarizam said Anina's suit did not disclose any reasonable cause of action and was frivolous and an abuse of court process.
He said there was an ouster clause under Section 18C of the Societies Act which prevented the courts from hearing the case.
"Parliament has debated and passed the law to amend the Societies Act 1966 to include provisions applicable to political parties only."
Anina also lacked locus standi to drag the party to court because she was not a public officer or a office bearer, he added.
Lawyer Mohamed Haniff Khatri Abdullah, appearing for Anina, said his client was sacked for filing a suit against Najib and that the striking out application was made in bad faith to defeat her legal challenge against the party president.
"She is now seeking a private right of association to be restituted by order of this court based on the principle of fundamental right in the constitution," he said.
The lawyer said it was Tengku Adnan who sacked her from the party, not the Supreme Council.
Judicial commissioner S. Nantha Balan will deliver his ruling on December 7.
- TMI

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