The Court of Appeal says disputes over party management are internal matters barred from judicial scrutiny under the Societies Act 1966.
This followed a unanimous decision by a three-member Court of Appeal bench to dismiss his appeal against the High Court’s decision on Nov 20, 2023 refusing him leave to commence judicial review proceedings.
The attorney-general had opposed Kayveas being granted leave for his substantive complaint to be heard.
Earlier this year, the Court of Appeal also allowed J Loga Bala Mohan, who took over the party leadership from D’Cruz two years ago, to intervene in Kayveas’s appeal in his capacity as the party’s public officer.
Leave for judicial review may be granted where an applicant’s case meets the required threshold and is not frivolous.
Justices Lim Chong Fong, Lim Hock Leng and Ahmad Shahrir Salleh, who heard the appeal, also ordered Kayveas to pay RM30,000 each in costs to Loga Bala and the attorney-general.
Hock Leng, who read the broad grounds, said the dispute concerned the internal management of the political party and was, therefore, barred from judicial scrutiny under Section 18C of the Societies Act 1966.
Kayveas had sought to quash a decision communicated through a home ministry officer in a letter dated April 11, 2023, which formally recognised Maglin as PPP president and approved an appeal relating to the party.
The party had previously been deregistered by the Registrar of Societies.
One of Kayveas’s main arguments was that the letter had not been signed by the home minister himself but by a ministry officer.
However, Hock Leng said that when the letter was read as a whole, it was clear that the decision had been made by the minister.
The court also rejected Kayveas’s challenge on other grounds, including his membership status.
Hock Leng said Kayveas was an undischarged bankrupt and could not hold office under Section 9A of the Societies Act.
The court accepted the argument that he had ceased to be a PPP member in 2018 following a unanimous decision by the party’s supreme council.
The bench also referred to Article 30.4 of PPP’s constitution, which provides that a member who brings a party matter before the courts automatically ceases to be a member.
Hock Leng said the reliefs sought by Kayveas, including declarations, were personal in nature, despite his claim that the proceedings had been brought in the public interest and to protect constitutional rights.
“As a non-member and an undischarged bankrupt, the appellant does not have a right to hold office,” he said.
The bench also agreed that an order of mandamus was not available under the Societies Act.
Lawyers M Manoharan and Ganendra Manoharan appeared for Kayveas, while senior federal counsel Nurhafizza Azizan and federal counsel Muhairi Noh appeared for the attorney-general. Gavin Jayapal and Parveena Kaur represented Loga Bala. - FMT
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