Home Minister Datuk Seri Hamzah Zainudin speaks at a press conference on compliance to total lockdown standard operating procedure in Putrajaya, June 18, 2021. — Bernama pic
KUALA LUMPUR, June 25 — Parti Pejuang Tanah Air (Pejuang) has been granted a court order compelling Datuk Seri Hamzah Zainudin, as the home minister, to make a decision concerning its pending application to register itself as a political party within the next 14 days, the High Court decided today.
Judge Datuk Ahmad Kamal Md Shahid, when reading out his judgement via a virtual proceeding, granted three out of four court orders which were sought by Pejuang through judicial review, where among them includes the mandamus order that compels Hamzah to decide within the fortnight.
Ahmad Kamal said, in his opinion, a five-and-a-half months delay from Hamzah to make a decision that does not need the input of others was a period that was unreasonable by usual norms and interpretations.
“In reasonable time means as soon as possible or within a reasonable time, and not as late as possible.
“The time taken by the first respondent (Hamzah) which is approximately five-and-a-half months until now would be unreasonable, hence the prayers sought by applicants on the declarations should be allowed.
“It is in my view that based on the facts and circumstances that the mandamus order against the first respondent to give his decision in the appeal by the applicant within 14 days from the date of this judgement should also be granted against the first respondent,” he said when reading out his judgement.
Pejuang today were also granted a court declaration from Ahmad Kamal that Hamzah’s omission or failure as the home minister to make any decision on their appeal letter dated January 8, 2021, on the Registrar of Societies (RoS) registration rejection was a breach of his statutory obligations under Section 18 of the Societies Act 1966.
The third court order granted by Ahmad Kamal to Pejuang was a declaration that Hamzah’s breach of statutory obligations by the home minister — in failing to decide on the January 8 appeal — contravened Pejuang’s legitimate expectations, was unreasonable, malicious and an attempt to deny them the constitutional right to associate and Pejuang’s constitutional right to contest in the general elections using its own logo.
The last mandamus order sought by Pejuang, however, was dismissed by the Court.
“However, I am of the view that the prayer for the mandamus order to instruct the first respondent to instruct the second respondent to finalise the registration of Pejuang must be dismissed as the reliefs sought falls outside the scope of Section 18 (b) of the Societies Act,” said Ahmad Kamal.
MORE TO COME