Muda deputy president Amira Aisya Abd Aziz has hauled the Registrar of Societies (ROS) to court over the regulator’s alleged blacklist against her.
Through her legal challenge filed at the Kuala Lumpur High Court nearly two months ago, the Puteri Wangsa assemblyperson contended that the move would prevent her from holding any position in Muda.
The blacklist will also hinder her from holding positions in NGOs seeking women's empowerment and gender equality.
According to a copy of her judicial review’s supporting affidavit dated July 13, Amira (above) claimed she found out she was blacklisted through an email from ROS dated April 18.
The outspoken activist claimed the regulator informed her that it had rejected an application by her and several other activists to register an NGO called Persatuan Impak Wanita Malaysia (PIWM or Malaysian Women Impact Association) due to her being blacklisted.
Amira said the ROS informed her that the rejection was due to her being the intended chairperson of the proposed women empowerment group, which was not allowed due to her being on the blacklist.
“As far as I know, the email from Selangor ROS dated April 18 is the first time that I have knowledge and/or been notified of the ROS decision to blacklist the applicant. I was shocked that the respondent had done this,” Amira claimed in her filing sighted by Malaysiakini.
The outspoken activist said that further checks using her Mykad number on the regulator’s official web portal revealed the blacklist against her from holding any posts in any association.
Not legally justified
Amira contended that the website stated the blacklist took effect on Oct 28 last year under Section 13(1)(c)(iv) of the Societies Act 1966.
The section deals with the ROS’ power to cancel a group’s registration if it is satisfied that the society has wilfully contravened the Act or related regulations, among others.
She claimed however that the blacklist - which she reiterated under any circumstances is not legally justified - may be related to an incident where she used to hold a secretary position in NGO Persatuan Ekonomi Merdeka between Aug 3, 2017, and Oct 19, last year.
Amira claimed that on Oct 19 last year, via a letter, the Selangor State Insolvency Department had informed ROS earlier on Sept 28 that year that it had cancelled the registration of Persatuan Ekonomi Merdeka. It also directed her and other committee members to furnish documents about the association.
She said while she disagreed with the cancellation of Persatuan Ekonomi Merdeka’s registration, she and other members cooperated with the state insolvency authority. They also had not lodged any appeal over the matter due to financial, logistics, and other reasons.
“Despite what happened with Persatuan Ekonomi Merdeka, I am advised by my legal counsel and verily believe that this does not empower the respondent (ROS) under the law to blacklist me from holding any position in any other associations,” she said.
Amira contended that the blacklist violated her fundamental right to form an association per Article 10(1)(c) of the Federal Constitution.
Prejudiced
“This is very prejudicial against me as I am, among others, a member of the political party Muda. I was elected as a Johor state assemblyperson under the Muda ticket. The (blacklist) decision would prevent me from contesting in any positions in Muda.
“I would also be prejudiced from setting up any other association to fight for issues close to my heart such as women’s rights, education, the environment, and so on that I have been involved in general.
“It is generally known that an issue can be safeguarded more effectively with the cooperation and reliance on multiple people within an organisation compared to a single person,” she said.
Amira contended that not only does the Societies Act not contain any provisions that empower ROS to indefinitely blacklist any individual from holding any posts in any association, but also that the blacklist decision was unreasonable and based on irrelevant consideration.
“I was denied the right to be heard before the drastic (blacklist) decision was made, thus contravening justice and my fundamental right to be heard,” she said.
No AGC objections
When contacted by Malaysiakini, Amira’s counsel Lim Wei Jiet confirmed that the civil court had on Aug 17 granted leave for her to commence with the judicial review.
The lawyer said the court’s greenlight was given following no objections raised by the Attorney-General’s Chambers (AGC), who represents the ROS, and that the matter is set for further case management on Sept 14.
“This is a very important issue because the ROS has set up a whole database of blacklisters, which we say the ROS does not have the power to do so under the (Societies) Act,” the counsel said.
Lim adds that the legal action is essential as it allows the court to examine whether ROS has exceeded its powers granted by the Act.
A letter from the AGC to the court dated Aug 16 notified that it has no objections to Amira’s judicial review leave application, paving the way for a full trial of the legal action later. - Mkini
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