FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:


Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

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31 July 2021

3 lagi anggota polis direman kes terima rasuah tauke dadah

3 lagi anggota polis direman kes terima rasuah tauke dadah Oleh MUHAMMAD AYMAN GHAFFA 12 Julai 2021
Dua daripada tiga anggota polis yang direman empat hari bagi membantu siasatan kes menerima rasuah RM200,000 daripada pasangan pengedar dadah. KOTA BHARU – Tiga anggota polis direman selama empat hari bermula hari ini bagi membantu siasatan kes menerima rasuah sebanyak RM200,000 daripada pasangan suami isteri pengedar dadah baru-baru ini. Selain itu, seorang pegawai kanan polis berpangkat Asisten Superintendan (ASP) yang sebelum ini ditahan dalam kes sama turut disambung reman selama empat hari selepas perintah reman terhadapnya tamat hari ini. Tiga anggota polis itu masing-masing berpangkat Sarjan berusia 39 tahun, Koperal (34 tahun) dan Lans Koperal (28 tahun) bertugas di Ibu Pejabat Polis Daerah (IPD) Pasir Mas. Perintah tahanan reman sehingga Khamis ini dikeluarkan oleh Penolong Pendaftar Mahkamah Majistret, Nor Faezah Abdullah di Mahkamah Majistret Kota Bharu di sini hari ini. Sementara itu, Pengarah Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) Kelantan, Rosli Husain ketika dihubungi pemberita mengesahkan penahanan reman ketiga-tiga anggota polis itu. Katanya, kes disiasat mengikut Seksyen 17 (a) Akta SPRM 2009. Sebelum ini, seorang pegawai polis berpangkat ASP direman pada Jumaat lalu selepas dipercayai menerima suapan RM200,000 daripada pasangan suami isteri yang merupakan pengedar dadah. Selepas penahanan ASP berkenaan, SPRM menahan seorang lagi pegawai kanan polis berpangkat Deputi Superintendan (DSP) untuk membantu siasatan kes itu pada Sabtu lalu. Kedua-dua pegawai itu juga bertugas di IPD Pasir mas ditahan bagi membantu siasatan selepas hadir memberi keterangan di pejabat SPRM di sini. – K! ONLINE.

25 March 2021

Health Minister (M'sia): RM500,000 max compensation to anyone suffering severe side effects post Covid-19 vax

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/22/health-minister-rm500000-max-compensation-to-anyone-suffering-severe-side-e/1959983 Health minister: RM500,000 max compensation to anyone suffering severe side effects post Covid-19 vax Monday, 22 Mar 2021 03:27 PM MYT BY SOO WERN JUN Health Minister Datuk Seri Dr Ahdam Baba holds a press conference in Putrajaya March 22, 2021. — Bernama pic KUALA LUMPUR, March 22 — The government has agreed to compensate individuals who suffer severe adverse effects after being vaccinated for Covid-19. Health Minister Datuk Seri Dr Adham Baba said the compensation is capped at RM500,000 per person, which will be paid out by the National Disaster Management Agency (Nadma). He added that the government has also approved an initial fund of RM10 million for this purpose “The special aid, named Special Financial Aid for Severe Adverse Covid-19 Effects, is a collective effort by the government to assist those who suffer from adverse effects after taking the Covid-19 vaccine,” Dr Adham said in a joint press conference with Science, Technology and Innovation Minister Khairy Jamaluddin. According to Dr Adham, the compensation will be offered in two categories. “Firstly, those who experience serious side effects and need long-term medical treatment will be compensated with RM50,000. “Secondly, those who face permanent disabilities or death will receive a compensation of (not more than) RM500,000,” he said. Explaining further, Dr Adham said the government has set up three committees to observe and assess adverse reactions and safety issues related to Covid-19 vaccines. “The three committees are: the Pharmacovigilance Committee — to observe and assess the adverse reaction following immunisation; the Technical Committee — this committee will decide legitimacy of aid applicant; and the third is the main committee that will give the final approval for the special aid,” he said. When asked about individuals who experienced adverse reactions, and how the Health Ministry attended to these cases, Dr Adham said the reactions were assessed on the spot. “All of them have undergone treatment and been discharged and are waiting for their second dose.” He also said that for those who are receiving their second vaccine dose, this will be done at the hospital, instead of public health clinics or approved centres, for better observation. .

RM48 millions forfeited from accounts of Jho Low’s father now belongs to Government !!

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/25/rm48m-forfeited-from-accounts-of-jho-lows-father-now-belongs-to-govt/1960918?utm_source=izooto&utm_medium=push_notifications&utm_campaign=RM48m%20forfeited%20from%20accounts RM48m forfeited from accounts of Jho Low’s father now belongs to govt Thursday, 25 Mar 2021
More than RM48 million seized from seven bank accounts belonging to Tan Sri Larry Low Hock Peng, the father of fugitive businessman Low Taek Jho or Jho Low (pic), now belongs to the government of Malaysia. — Picture via Facebook KUALA LUMPUR, March 25 — More than RM48 million seized from seven bank accounts belonging to Tan Sri Larry Low Hock Peng, the father of fugitive businessman Low Taek Jho or Jho Low, who was charged in the 1Malaysia Development Bhd (1MDB) scandal, now belongs to the Government of Malaysia. This follows High Court Judge Mohamed Zaini Mazlan’s order that the money be forfeited by the government after Malaysian Anti-Corruption Commission (MACC) deputy public prosecutor, Shafinas Shabudin as the applicant announced there was no third party present in court to claim the money amounting to RM48,491,064. “Notice to the third party was issued on March 11 this year, however no third party was present in court today to claim the money. “As there was no third party present to claim and the asset was proposed to be forfeited, the prosecution is seeking for the assets to be forfeited by the Government of Malaysia,” said Shafinas. Larry Low as the respondent was not represented by any lawyer and he himself was not present in court. Meanwhile, when met by reporters after the proceeding, Shafinas said the money involved were RM20,784,952.56, RM300,000, RM500,000 and RM20 million seized from current and fixed accounts of the respondent at the KLCC branch of RHB Bank. According to Shafinas, RM6,242,593.10, RM345,496.47 and RM318,021.95 were also confiscated from the fixed and current accounts of the respondent in Maybank Plaza Gurney branch, Penang. On July 19, 2019, Judge Mohamed Zaini allowed the application of the prosecution to forfeit RM48,979,500.67 in seven bank accounts belonging to Larry Low after no third party was present in court to claim the money. However, the forfeiture case was heard again after the prosecution amended the proposed notice to enter information on two banks involved in the forfeiture application. On March 29 2019, the government filed a civil forfeiture notice to freeze seven bank accounts owned by Larry Low on the charge that the money were proceeds from money laundering. A notice of seizure dated Jan 17 2019 directed to Goh Gaik Ewe, 66, Jho Low’s mother, was issued under Sub-Section 51 (1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Illicit Activities Act 2001. To date, the authorities were reported to be still tracking down Larry Low, his wife Goh Gaik Ewe and Jho Low to assisting investigation in the case involving 1MDB. - BERNAMA.

12 March 2021

Najib slams new RM10,000 fine for not seeing difference between serious, accidental offences !!

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/12/najib-slams-new-rm10000-fine-for-not-seeing-difference-between-serious-acci/1957170?utm_source=izooto&utm_medium=push_notifications&utm_campaign=RM10,000%20fine Najib slams new RM10,000 fine for not seeing difference between serious, accidental offences Friday, 12 Mar 2021 11:36 AM MYT BY EMMANUEL SANTA MARIA CHIN
Datuk Seri Najib Razak explained that actions as simple as forgetting to check-in with the MySejahtera QR code would also be subjected to the RM10,000 compound being stated in the summon issued by authorities. — Picture by Firdaus Latif KUALA LUMPUR, March 12 — Former prime minister Datuk Seri Najib Razak has taken a dig at his ally Perikatan Nasional’s government, this time over the insensitivity of provisions within the newly amended Emergency Ordinance 2021 towards accidental or unintentional offences. The Pekan MP, through a Facebook post, explained that actions as simple as forgetting to check-in with the MySejahtera QR code would also be subjected to the RM10,000 compound being stated in the summon issued by authorities. Attached within his post was a picture of a compound written for RM10,000 issued yesterday at a location in Bukit Jalil, with the offence listed as failing to scan the MySejahtera QR code. “The manner the Ordinance was outlined by the government does not differentiate between unintentional and non-serious offences like forgetting or failing to scan the MySejahtera app, or failing to use a face mask, against serious offences like breaching mandatory quarantines or crossing state lines without permission,” he wrote in his post. Najib also admonished the administration when he said these are the effects of laws being passed without going through proper checks and balances. “This is an example of why government policies should be discussed and passed by the Dewan Rakyat beforehand to ensure they are fair to the people,” he wrote. Provisions within the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 states that a person found breaching movement control order SOPs is subject to a fine compoundable up to a sum of RM10,000, a tenfold increase from the previous maximum compound value of RM1,000. However, yesterday, Inspector-General of Police Tan Sri Abdul Hamid Bador clarified that first-time offenders or those caught for minor offences could argue their case with the district health officers and are not necessarily made to pay the full RM10,000 fine. Abdul Hamid had explained the maximum fine of RM10,000 would most likely be imposed on serious offenders, like those caught crossing state lines and end up causing new Covid-19 clusters or entertainment outlet owners who operate despite being on the negative activity list. The top cop had said that the final compound amount would be decided at the discretion of the district health officers and not the police. .

01 March 2021

Federal Court rules PKR MP Nurul Izzah did not defame NFCorp, chairman !! ....NFCorp and Salleh were ordered by the Federal Court to pay RM50,000 in costs to Nurul Izzah and PKR.

SOURCE: https://www.malaymail.com/news/malaysia/2021/03/01/report-federal-court-rules-pkr-mp-nurul-izzah-did-not-defame-nfcorp-chairma/1953824 Report: Federal Court rules PKR MP Nurul Izzah did not defame NFCorp, chairman, as 2012 remarks were focused on Shahrizat Monday, 01 Mar 2021 03:08 PM MYT BY IDA LIM
The Federal Court today unanimously ruled that Nurul Izzah and PKR did not defame NFCorp or Salleh (pic). — Picture by Choo Choy May KUALA LUMPUR, Mar 1 — The National Feedlot Corporation (NFCorp) and its chairman Datuk Seri Mohamad Salleh Ismail today failed in their final bid in their defamation lawsuit against PKR MP Nurul Izzah Anwar and PKR. The Federal Court today unanimously ruled that Nurul Izzah and PKR as represented by its secretary-general Datuk Seri Saifuddin Nasution Ismail did not defame NFCorp or Salleh, as Nurul Izzah’s 2012 remarks were mostly focused on Salleh’s politician wife and former Lembah Pantai MP Tan Sri Shahrizat Abdul Jalil instead, a report by news portal Malaysiakini said. NFCorp previously received a RM250 million soft loan from the federal government to run the National Feedlot Centre (NFC) project to increase Malaysia’s beef production, and had in February 2008 shifted around RM71 million of unused funds from the RM250 million loan to NFCorp’s fixed deposit account at Public Bank. In a March 7, 2012, Nurul Izzah who was then the Lembah Pantai MP had in a press conference spoke about the high-end project KL Eco City, and had among other things touched on then PKR strategy director Rafizi Ramli’s allegation that government funds for the NFC project were used as leverage to secure loans to buy condominium units in KL Eco City. Nurul Izzah’s statements in her March 2012 press conference were published on the same day by Malaysiakini’s online television service, with NFCorp and Salleh later filing the defamation lawsuit. The High Court in Kuala Lumpur on March 4, 2016 dismissed the defamation suit by Salleh and NFCorp against Nurul Izzah and Saifuddin as PKR’s representative, after having looked at the statement as a whole which the court found was not defamatory of Salleh and NFCorp. The High Court had found that Nurul Izzah would have also succeeded in relying on the defence of justification. On July 10, 2017, the Court of Appeal agreed with and affirmed the High Court’s decision. NFCorp and Salleh later obtained leave in March 2018 from the Federal Court to have their appeal against the Court of Appeal’s decision heard, with the Federal Court hearing the appeal on December 3, 2020 through an online hearing before delivering its decision today. According to Malaysiakini, the three-member panel at the Federal Court was chaired by Federal Court judge Datuk Seri Mohd Zawawi Salleh, with the other judges being Datuk Seri Hasnah Mohammed Hashim and Datuk Harmindar Singh Dhaliwal. In the unanimous decision to dismiss the defamation lawsuit by NFCorp and Salleh, Harmindar, who read out the judgment today, had reportedly said that both the High Court and Court of Appeal were correct to conclude that Nurul Izzah’s remarks as a whole were not defamatory towards NFCorp and Salleh. According to Malaysiakini, Harmindar said an ordinary, reasonable reader would not have paid attention to the mere single sentence — which was alleged to have defamed NFCorp and Salleh — in Nurul Izzah’s entire lengthy statement in 2012, as such a reader would only be focused on the major part of the statement which was about Shahrizat. At that time, Shahrizat was the women, family and community development minister of Malaysia. The judge reportedly said the single sentence complained of in NFCorp’s defamation suit was meant to only be a “precursor or introduction” by Nurul Izzah to the “main sting” of her press statement, where the one line touched on Rafizi’s revelation on alleged funds misuse which Nurul Izzah had said raised new questions on alleged possible conflict of interest by Shahrizat in the condominiums’ purchase. Malaysiakini said the Federal Court judge also noted that Shahrizat had not filed lawsuits over such allegations except for a lawsuit against Rafizi for the statements he had made. “For these reasons, we would agree with the findings of the Court of Appeal and dismiss the appeal,” Harmindar was quoted saying. Apart from finding that Nurul Izzah and PKR had not defamed NFCorp and Salleh, the judge was reported saying that both Nurul Izzah and her party had managed to prove their defence of justification in the defamation lawsuit. While NFCorp and Salleh had argued it was misleading to state that the RM71.4 million of public funds held in NFCorp’s fixed deposit account in Public Bank had been used as leverage to secure loan facilities from the same bank to buy eight property units at KL Eco City at the present market value of RM12 million, Malaysiakini reported the judge as saying that this argument had failed. “With respect, the overwhelming inference from what transpired at the trial is that this cannot be true. It is certainly not a coincidence that the loan facilities came from the same bank where the RM71.4 million deposit was placed. “It is common knowledge that banks will not simply offer loans unless they are satisfied that the customer seeking the loans is in a position to repay them,” the judge was quoted saying, with the judge also refuting the idea that banks would only require property titles to be provided to secure bank loans. Malaysiakini also quoted the judge as noting the significance of Salleh having failed to disclose the source of his income to fund the purchase of the eight units of condominiums when challenged to do so, apart from making bare assertions. Harmindar also reportedly said Salleh should have called in Public Bank to back his claims on the bank loan offer in light of the “possible damaging inferences” that may arise from the RM71.4 million deposit NFCorp had in the bank, adding: “It was therefore plain on the evidence that the appellants had used the RM71.4 million deposit as leverage for obtaining the loans from Public Bank.” The judge was also quoted saying that it was “of little consequence” that the loan offer by Public Bank for the purchase of the eight properties had expired, noting that it would “not be farfetched” to deduce from all the evidence available in the court case that there has been “misuse of public funds for personal gain”. Malaysiakini said NFCorp and Salleh were ordered by the Federal Court to pay RM50,000 in costs to Nurul Izzah and PKR. Nurul Izzah, who is now Permatang Pauh MP, and Saifuddin Nasution were represented in a legal team led by lawyer Razlan Hadri Zulkifli, while the legal team for NFCorp and Salleh was led by lawyer Tan Sri Muhammad Shafee Abdullah.

04 February 2021

Ketua Geng 36 diburu !!!

SOURCE: https://malaysiagazette.com/2021/02/02/ketua-geng-36-bernama-tan-diburu/ Ketua Geng 36 bernama Tan diburu By Kumara Sabapatty - 2 February 2021
Ketua Geng 36 Bukit Belimbing bernama Tan campuran India Cina antara 23 suspek dikehendaki polis dalam kes pergaduhan dua geng yang merebut kawasan jualan dadah di Taman Juara Jaya, Batu 9, Cheras Kajang kelmarin. KUALA LUMPUR – Seramai 13 individu telah direman bagi membantu siasatan kes pergaduhan antara geng 08 Sungai Besi Indah, Serdang dan Geng 36 Bukit Belimbing di Kajang kelmarin. Ketua Jabatan Siasatan Jenayah Selangor, Senior Asisten Komisioner Datuk Fadzil Ahmat berkata, tujuh daripadanya ditahan di Serdang manakala enam lagi suspek ditahan secara berasingan di Kajang. Kes disiasat di bawah Seksyen 326 dan Seksyen 148 Kanun Keseksaan. Beliau turut memaklumkan Jabatan Siasatan Jenayah Selangor sedang memburu 23 lagi individu suspek yang sangat dikehendaki dalam kes pergaduhan dua geng tersebut termasuk ketua geng 36 itu yang dikenali sebagai Tan. ‘Salah seorang daripada 23 suspek yang sangat dikehendaki dan sedang diburu polis adalah seorang lelaki berkulit cerah campuran India dan Cina yang merupakan Ketua Geng 36 Bukit Belimbing, Kajang dikenali sebagai Tan (nama sebenar Tan Eng Sun) yang bertatu di dada dan tangan,” katanya. Foto wajah kesemua 23 suspek yang disyaki ahli kedua-dua geng itu dikeluarkan untuk dikesan bagi membantu siasatan kes tersebut. Kesemua suspek yang sedang diburu polis itu berusia antara 20 hingga 43 tahun. Mereka berasal dari taman perumahan di Seri Kembangan, Sungai Besi Indah, Balakong, Rawang, Klang dan Johor. -MalaysiaGazette .

25 January 2021

Syed Saddiq’s Muda sues home minister, asks court to order RoS to approve party’s registration !!

SOURCE: https://malaysia.news.yahoo.com/syed-saddiq-muda-sues-home-083334695.html BY Ida Lim Sun, 24 January 2021 Syed Saddiq’s Muda sues home minister, asks court to order RoS to approve party’s registration Muda members pose for a photo during a press conference at the Dang Wangi LRT station in Kuala Lumpur, January 5, 2020. — Picture by Shafwan Zaidon Muda members pose for a photo during a press conference at the Dang Wangi LRT station in Kuala Lumpur, January 5, 2020. — Picture by Shafwan Zaidon KUALA LUMPUR, Jan 24 — Youth outfit Malaysian United Democratic Alliance (Muda) has sued both the home minister and the Registrar of Societies (RoS) in the High Court in Kuala Lumpur, in a bid to finally be registered as a political party after months of waiting for approval. In its lawsuit filed on January 12, Muda via its 13 co-founders, including Muar MP Syed Saddiq Abdul Rahman, is seeking a court order to quash the home minister’s and RoS’ written January 6 decision to refuse to register Muda as a political party. Muda is also asking the court to issue a mandamus order to order the home minister and RoS to register it as a society under the political party category within seven days from the date of the court order. As part of its lawsuit, Muda is also seeking compensation from the home minister and RoS. The 13 who had filed the court challenge via a judicial review application are Syed Saddiq, Amir Hariri Abd Hadi, Dr Mathen Muniasupran, Dr Teo Lee Ken, Dr Thanussha Francis Xavier, Lim Wei Jiet, Luqman Long, Mohd Fakhruradzi Tajuddin, Mohd Saufy Nizar Abdul Rahman, Nur Afiqah M. Zulkifli, Shahrizal Denci, Siti Rahayu Baharin and Tarmizi Anuwar. How it started and what the home minister said In an affidavit filed to support the lawsuit, Syed Saddiq listed the chronology of events in Muda’s bid to be recognised officially as a political party, starting with Muda’s September 17, 2020 written application to the RoS, followed by a meeting with the RoS on September 28 at the latter’s invitation. Syed Saddiq said RoS Societies’ Management Department’s director Mohd Rejab Ramli had at the meeting said changes needed to be made to Muda’s proposed constitution before its registration as a political party could be approved, with Muda on October 6 submitting a revised party constitution and informing RoS that it would provide full cooperation to speed up the registration process. Syed Saddiq said Muda had on October 20 emailed RoS to ask about the status of the application, with RoS replying the same day to say they were waiting for feedback from other departments. Syed Saddiq said that there was still no updates from RoS by early November, and that he had on November 3 morning met with Home Minister Datuk Seri Hamzah Zainuddin in Parliament to ask about Muda’s registration, claiming that Hamzah had then asked him to write a letter to ask for his assistance instead of just relying on the official route of registration through RoS. Syed Saddiq said he had on November 3 afternoon written to Hamzah to seek help to expedite Muda’s registration with the RoS, and that he had subsequently asked Hamzah again about the matter while in Parliament. “I was surprised at the minister’s reply. He said that I had so far never voted as a MP in support of government Bills. The minister went on to say that even if I opposed government Bills, I should not attend sessions of the Dewan Rakyat when voting took place. “I was shocked. I replied to say that I cannot abdicate my duty as an MP and will always vote in accordance with my conscience and in the interests of my constituents,” Syed Saddiq said. Syed Saddiq said Hamzah’s political secretary on November 10 informed him that Muda’s November 3 letter to Hamzah had been forwarded to RoS along with a note for RoS to take note, and that Muda had provided bankruptcy searches of all its 13 co-founders to RoS on November 25 as requested by the RoS. Syed Saddiq said he had on November 26 requested for a meeting with the RoS to discuss Muda’s application but did not receive a response, and had on December 9 received a copy of Hamzah’s political secretary’s December 8 letter to RoS to request for immediate action on Muda’s November 3 letter. Syed Saddiq noted that this was just days before December 15, where MPs in the Dewan Rakyat were scheduled to vote on the third and final reading of the Budget 2021, adding that there were much uncertainty and tension as the ruling government which Hamzah belonged to only had a very slim majority, and that failure to have the Budget passed would amount to a loss of confidence in Prime Minister Tan Sri Muhyiddin Yassin and the Cabinet’s resignation which would have also meant Hamzah losing his ministerial position. Syed Saddiq said it was among such a situation that he had the chance to speak to Hamzah again on December 13 about Muda, but noted that Hamzah replied “to say that I should ‘commit myself’ to the prime minister”. “He reminded me that I had hitherto been voting against the government in Parliament,” Syed Saddiq said, adding that he again responded by saying he has to vote according to his conscience and in the interests of Muar voters as MP for Muar. The Budget 2021 was subsequently passed in the Dewan Rakyat but only by a very slim margin, with 111 MPs in support and 108 MPs objecting. Syed Saddiq said that Muda had — after waiting over three months — on December 21 issued a letter of demand to RoS for the party to be registered within seven days, and was preparing to file a lawsuit against RoS when the latter finally made its decision in January 2021. The rejection, four months later Syed Saddiq said RoS had on January 6 emailed its decision to reject Muda’s application for registration as a political party but without giving any reason for the rejection, with Mohd Rejab making the decision on behalf of RoS. Syed Saddiq said Muda later received a January 6 rejection letter by RoS which said that it had not complied with the Societies Act’s provisions on the party’s constitution. But Syed Saddiq disputed this by arguing that Muda had complied with the provisions after sending in the revised constitution and that RoS could have informed Muda if there were anything that needed to be changed in order to comply, also noting that the January 6 letter did not specify the exact provision under the Societies Act’s First Schedule which RoS claimed Muda had not complied with. Syed Saddiq claimed that the RoS’ rejection of Muda’s application is invalid as the government body had acted beyond its powers under the Societies Act’s Section 7, arguing that the provision gave RoS little or no discretion in the matter and that RoS was required under that law to register Muda. He also argued that the decision to reject Muda’s application was in breach of the Federal Constitution’s Article 10(1)(a) and Article 10(1)(c) — the right to freedom of speech and expression and the right to form associations—and Article 119 — regarding voters’ right to vote. Syed Saddiq said that the “true reason” for Hamzah’s refusal to allow RoS to register Muda as a political party was shown by the remarks he had made to Syed Saddiq. “In consequence, neither the RoS nor the minister exercised their statutory duties under the Act in good faith,” he said, adding that both Hamzah and the RoS had taken into account irrelevant factors while disregarding relevant considerations, further arguing that this made the January 6 rejection invalid in law. Alternatively, Syed Saddiq argued that both Hamzah and the RoS had acted so unreasonably that no other authority would have acted in the same manner, arguing that this was a ground for the court to declare the rejection as invalid. While acknowledging that Section 18 of the Societies Act gives Muda the option to appeal to the home minister over the rejection of the registration bid, Syed Saddiq said that Hamzah had already “pre-determined” the matter and that it would be “fruitless” to appeal to the minister, in light of the remarks allegedly made by Hamzah. Syed Saddiq then asked the court to grant the orders that Muda was seeking. Also in his affidavit, Syed Saddiq had highlighted how Muda and its supporters had been deprived of having a political party to exercise their rights to join in Malaysia’s political and democratic process, noting as an example that election laws would disallow Muda from using its party logo for its candidates in the next general election (GE15) if it was not registered by the RoS. “The failure to register Muda will therefore gravely hamper the preparation by Muda and its candidates for GE15 or any future by-elections. This will result in severe prejudice to Muda, our candidates and our voters,” he said, adding that the failure of RoS would deprive voters of the opportunity to vote for Muda in any election and that this violates voters’ right to vote under Article 119. The hearing for Muda’s application for leave for judicial review is set to be heard through video-conferencing at 10am tomorrow before High Court judge Datuk Seri Mariana Yahya.