Parti Pejuang Tanahair (Pejuang) succeeded in obtaining court leave to proceed with its legal bid to be registered as a political party.
The High Court in Kuala Lumpur today granted leave for the group to commence with its judicial review to compel the Registrar of Societies (ROS) to register it.
The group’s counsel Muhammad Rafique Rashid Ali confirmed that the court allowed the judicial review leave application.
“Leave is granted. The next case management is on April 15. The AGC (Attorney-General’s Chambers) has no objections (to the leave application),” the lawyer explained.
The court will later fix a date to hear submissions on the merits of the judicial review proper.
The current legal action is targeting Home Minister Hamzah Zainudin’s alleged failure to make any decision on its appeal to be registered.
Pejuang was appealing to the minister against the ROS’ Jan 6 decision rejecting the registration application from the party.
Today’s proceedings before judge Ahmad Kamal Md Shahid is for the hearing of Pejuang’s judicial review leave application.
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 party.
However, the group withdrew that legal action following the ROS announcing its decision on Jan 6 to reject Pejuang’s registration application.
Pejuang was formed last August as an offshoot of Bersatu.
Pejuang pro-tem chairperson and former prime minister Dr Mahathir Mahathir, pro-tem president Mukhriz Mahathir, and several others were previously ejected from Bersatu for refusing to sit with the Perikatan Nasional government during a parliamentary session.
Among the relief sought by Pejuang is a mandamus order to compel the minister to direct ROS to finalise the group's registration as a political party within seven days from the date of the court judgment.
Pejuang seeks a mandamus order to compel the minister to give its decision over the group's appeal against the ROS' move not to allow it to be officially registered as a political party.
Another declaration sought is that the minister's alleged failure to make any decision on the group's letter of appeal to him (minister) dated Jan 8 amounted to a contravention of his statutory duty under Section 18 of the Societies Act 1966.
Section 18 states that a local society or its office-bearer may, within 30 days from the date of the decision of the ROS, appeal against the decision to the home minister. The minister, whose decision shall be final, may confirm, reject, or vary the decision of the registrar.
Pejuang also seeks a declaration that the minister's alleged contravention of his statutory duty had "contravened the applicant's valid wish, is unreasonable, of bad faith, as well as an uncalled-for attempt to deny the applicant's constitutional right to association and/or Pejuang's constitutional right to contest under its own logo for the general elections".
Before this, via a separate email dated Jan 6, the ROS had also rejected the Malaysian United Democratic Alliance's (Muda) application to be officially registered as a political party.
Muda had mounted a failed legal bid to compel the ROS to officially register it as a political party.
Muda, which is spearheaded by former youth and sports minister Syed Saddiq Syed Abdul Rahman, had then proceeded to appeal to the home minister against the ROS' rejection of its registration application.
However, on March 25, it was reported that Muda has given the ROS and minister a one-week ultimatum for them to decide on the group’s appeal to be registered.
The group had vowed to go to court again if no decision is forthcoming. - Mkini
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