A law barring party matters from being brought to court does not apply in the challenge by 16 former Umno members against the Registrar of Societies' (ROS) greenlight for Umno to delay party elections, the Federal Court heard today.
The five-person apex bench heard submissions from lawyer Mohamed Haniff Khatri Abdulla that Section 18C of the Societies Act does not bar the former Umno members from proceeding with its judicial review leave application against the ROS.
Acting for the 16 former Umno members during today’s online hearing conducted via Zoom, Haniff contended that his clients’ legal action does not even target any decision made by Umno.
Section 18C states that the decision of a political party or any person authorised by it or by its constitution or rules or regulations made thereunder on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision.
On April 27, 2018, the Kuala Lumpur High Court dismissed the 16 former Umno members’ judicial review leave application against the ROS.
The review was to seek the ROS to quash its decision in March 2018 to allow Umno to extend its party elections until April 2019, to investigate the complaints made and reply to them, and also a dissolution of the party.
The High Court ruled that Section 18C of the Societies Act applied, where members cannot bring party disputes to court.
The Court of Appeal later upheld the lower court’s ruling, causing the 16 former Umno members to appeal to the Federal Court.
During today’s proceedings before the apex court bench chaired by Chief Judge of Malaya Azahar Mohamed, Haniff submitted that the lower court’s decision was misconceived as the former Umno members' legal action only targets the ROS’ decision and not that of Umno.
“Section 18C refers to the decision of a political party. It does not bar a challenge against the decision or inaction of ROS in administering matters involving political parties.
“We submit this section has no bearing on our judicial review,” Haniff said.
“We submit that Section 18C is not triggered at all by this judicial review before the High Court and the High Court should not have referred to Section 18C and say the decision of Umno is insulated from scrutiny,” the lawyer said.
The ROS’ legal representative, senior federal counsel Shamsul Bolhassan, however, contended that the entire judicial review was a "disguise" to circumvent Section 18C and challenge the decision by Umno.
“The effect of the challenge against the decision of the ROS is to challenge the party’s (Umno) decision.
“We say it is a challenge against the decision of the political party.
“It is a disguise to bypass or circumvent Section 18C. At the end of the day, we say it is (a legal challenge) against the decision of the political party,” Shamsul submitted.
Meanwhile, Umno’s counsel Mohd Hafarizam Harun concurred with Shamsul’s submissions, adding that the 16 former Umno members’ legal action is now a mere academic exercise.
The lawyer said this is because Umno already held party elections on June 30, 2018, months after the High Court dismissed the judicial review leave application.
“We submit that the whole question (legal action by the former Umno members) before the Federal Court is academic.
“The issue before this court no longer exists, as the second respondent (Umno) has conducted and carried out elections at all levels, from branches to divisions and supreme council (on June 30, 2018),” Hafarizam said.
A short time after the historic 14th general election on May 9, 2018, Umno conducted its party polls on June 30, which saw former deputy prime minister Ahmad Zahid Hamidi snag the party president’s post.
After submissions by parties, the Federal Court adjourned further hearing of the appeal to another date.
Azahar informed parties that the matter will come up for case management before the Federal Court Registry later, in order to fix a further hearing date of the appeal.
Earlier, in April 2018, the then 16 Umno members filed their challenge, led by Umno branch head Salihudin Ahmad Khalid.
However, a short while after the filing of the legal challenge, the party directed the termination of their party memberships. - Mkini
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