Muda goes to court over registration as political party

 

The Malaysian United Democratic Alliance (Muda) has gone to court to be registered as an official political party.

This followed on the heels of the Registrar of Societies (ROS) rejecting Muda’s registration application via email on Jan 6.

In a separate email, the ROS also rejected Parti Pejuang Tanah Air’s (Pejuang) application to be officially registered as a political party.

Through law firm Messrs Sreenevasan, Muda filed the judicial review leave application at the Kuala Lumpur High Court on Jan 12.

Among the 13 judicial review leave applicants is former youth and sports minister Syed Saddiq Syed Abdul Rahman, who spearheads Muda.

According to a copy of the cause papers sighted by Malaysiakini recently, the legal action named the ROS and the home minister as the two respondents.

The applicants seek a court order to quash the ROS’ Jan 6 decision which refused to register Muda as a society under the political party category per Section 7 of the Societies Act 1966.

They also seek an award for damages including aggravated and exemplary damages, costs, and all necessary and consequential relief, directions and orders deemed just by the court.

According to a copy of Syed Saddiq’s affidavit in support of the application, the decision to refuse registration is allegedly unconstitutional as it violated the applicants fundamental right to freedom of speech and expression as well as the right to form associations.

He claimed that the decision is a nullity as it was done beyond the powers conferred on the respondents by Section 7 of the Societies Act 1966.

Muar MP Syed Saddiq Syed Abdul Rahman

Syed Saddiq also claimed that the real reason Muda was not allowed to be registered was linked to his refusal to abide by the unnamed home minister’s request that the former "commit" himself to the prime minister.

The former Bersatu member pointed to an alleged communication between him and the minister on Dec 13 last year, in regards to the then status of Muda’s application to be registered.

“The minister replied that I should ‘commit myself’ to the prime minister. He reminded me that I had hitherto been voting against the government in Parliament.

“I again responded to say that I cannot abdicate my duty as a member of Parliament and will always vote in accordance with my conscience and the interests of my constituents,” the Muar MP claimed.

Syed Saddiq also alleged that the ROS' willful refusal to register Muda would deprive voters of another choice of a political party to vote for.

He claimed this is particularly so against the background of the Perikatan Nasional (PN) government having a slim majority in Parliament, which purportedly signals an impending 15th general election.

“Further, numerous motions of no confidence have been filed against the prime minister in Parliament. All these factors point to a general election being called in the near future.

“The failure to register Muda will therefore gravely hamper the preparation by Muda and its candidates for GE15 or any future by-elections. This will result in prejudice to Muda, our candidates and our voters,” Syed Saddiq claimed.

Besides Syed Saddiq, the other judicial review leave applicants are former Suaram project coordinator Amir Hariri Abdul Hadi; former medical doctor Dr M Mathen; Alzahra University post-doctoral research fellow Teo Lee Ken; freelance Spanish translator Dr Thanussha Francis Xavier; lawyers Lim Wei Jiet and Luqman Long; former national economic action council member Mohd Fakhruradzi Tajuddin; Perbadanan Kota Buku CEO Mohd Saufy Nizar Abdul Rahman; Syed Saddiq’s special officer for Muar constituency Nur Afiqah M Zulkifli; agricultural entrepreneur Shahrizal Denci; NGO member Siti Rahayu Baharin; and Institute for Leadership and Development Studies projects and operations manager Tarmizi Anuwar.

According to the online cause list at ecourtservices.kehakiman.gov.my, the judicial review leave application is fixed for online hearing before Kuala Lumpur High Court judge Mariana Yahya at 10am tomorrow (Jan 25).

When previously speaking to Malaysiakini, Muda co-founder Thanussha said the ROS decision prejudiced its constitutional rights to association.

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

Earlier on Dec 10, Pejuang, led by former prime minister Dr Mahathir Mohamad, filed a judicial review to compel the ROS to make a decision regarding the party’s registration status.

The review had sought a mandamus order to either approve or reject Pejuang's application to formally register it as a political party under the Societies Act 1966.

Pejuang also sought a declaration from the court that the ROS and its director-general’s failure to respond to any application or written communication is unreasonable and ill-intentioned to delay the registration.

However, this legal action was withdrawn when Pejuang was informed of ROS' decision not to register it on Jan 6.

Pejuang was formed last August as an offshoot of Bersatu.

Its pro-tem chairperson Mahathir, pro-tem president Mukhriz Mahathir, and several others were previously ejected from Bersatu for refusing to sit with the PN government during a Parliament session.

Mukhriz had said that if Pejuang's registration is rejected, the party may consider contesting the next general election under another party or on a coalition's ticket, rather than as third-party independents. - Mkini