Bersatu mounts fresh challenge against ROS over dissolution

Bersatu has mounted a fresh judicial challenge to quash the Registrar of Societies’ 30-day provisional dissolution order, despite being denied leave to challenge Section 14(2) of the Societies Act 1966 last week.

Last Wednesday, the Kuala Lumpur High Court refused to grant Bersatu leave to set aside the ROS notice, on the grounds that the registrar had issued a notice under Section 14(5), which allows for the provisional dissolution of the party.

Justice Kamaludin Md Said had suggested that Bersatu file a new challenge against the relevant subsection if it could not make an appeal to the Home Ministry within the stipulated 30-day period.

Bersatu subsequently filed an application to set aside the notice under Section 14(5) two days later, with secretary-general Shahruddin Md Salleh naming ROS director-general Surayati Ibrahim as the sole respondent.

A certificate of urgency was also filed to expedite the hearing of the application, along with a notice of appeal for Wednesday's decision.

Section 14(2) of the Societies Act states that the registrar can, at any time, order any registered society to furnish various documents, including rules of the society, a complete list of its office bearers of any branch, or other such information deemed necessary.

Section 14(5), meanwhile, states that where the particulars required under subsection (2) are not furnished within the time stated in the order, or any extension thereof allowed by the ROS, the latter may make a provisional order for dissolution of the society.

On April 5, Surayati declared in a press conference that Bersatu’s provisional dissolution would become permanent if it did not comply with the ROS’ request within the stipulated 30-day period.

She also noted that Bersatu’s uncertain status meant Pakatan Harapan’s application to register as a coalition could not be processed.

As a result, Harapan chose PKR's 'eye' symbol as its common logo for the 14th general election.

Prior to the press conference, Shaharuddin had filed a judicial review application to seek a declaration from the court that the party had complied with Section 14(2) of the Societies Act and that it may contest in GE14 as a valid political party. - Mkini