KUALA LUMPUR (May 31): The High Court has fixed June 23 for its decision on the application by Tun Dr Mahathir Mohamad-led Parti Pejuang Tanah Air (Pejuang) to compel the Registrar of Societies (RoS) and the home minister to register the party.
Justice Datuk Ahmad Kamal Md Shahid fixed the date after Pejuang's lawyers Muhammad Rafique Rashid Ali and Mior Nor Haidir, senior federal counsel Ahmad Hanir Hambaly and federal counsel Mohammad Sallehuddin Md Ali delivered their submissions in a virtual hearing this afternoon.
“Yes, the judge has fixed June 23 to deliver his decision,” Rafique told The Edge after the hearing.
The Pejuang lawyers submitted that the party had appealed to Home Minister Datuk Seri Hamzah Zainuddin, and that he has a statutory duty to listen, consider and make a decision on the appeal.
“The basis of the judicial review is whether the home minister had fulfilled his statutory duty within the practical stipulated time as he had said that he was busy with his duties as the home minister,” they said, according to a copy of the submission.
It was previously reported that former Kedah menteri besar Datuk Seri Mukhriz Mahathir had questioned Hamzah's purported busyness in deciding Pejuang's appeal for the party's registration.
Pejuang through its pro tem secretary Datuk Amiruddin Hamzah, who is also the MP for Kubang Pasu, had named the home minister and the RoS as respondents in the judicial review application filed on March 1.
Amiruddin was given leave on April 1 to have the application heard on its full merits.
The party is seeking a declaration that the home minister's failure to decide on the party's appeal — made via a letter dated Jan 8 — is a violation of the RoS statutory duty under Section 18 of the Societies Act 1966.
Amiruddin is also seeking a declaration that the home minister's violation of its statutory duty to decide on its appeal by rejecting Pejuang's registration is against legitimate expectations of the party.
He also claimed that it is illogical and mala fide for the minister to violate the party's constitutional right to freedom of association as guaranteed under Article 10 of the Federal Constitution.
The Kubang Pasu MP also wants a mandamus order to compel the minister to give a decision on the party's appeal within seven days and another mandamus order compelling the minister to direct the RoS to register Pejuang.
Meanwhile, the RoS and the home minister's representatives submitted that Pejuang's registration was rejected on Jan 6 and it subsequently filed an appeal to the minister two days later with a revised party constitution.
They said Pejuang's application was referred to the National Registration of Societies Division of the Home Affairs Ministry on Feb 10, and given to the minister on Feb 22.
They said a judicial review is normally allowed if there is illegality, irrationality or procedural impropriety in the RoS' decision, and that there is no basis to compare Pejuang's registration with that of the Makkal Sakti party or Perikatan Nasional coalition.
“The non-registration of Pejuang is due to matters concerning the party constitution or rules of the society,” it said, adding that pending approval on this, the party should not use the logo and operate its website, and if it continues to do so, it may constitute an offence of being an unlawful society.
“The home minister had said that the appeal process is being attended to and they have no right to make allegations of irrationality or malicious intent against us,” they said.