High Court grants Kemakmoran leave to judicially review ROS rejection

KUALA LUMPUR: The High Court has granted leave to the Kemakmoran Negara Party to initiate a judicial review of its appeal against a decision by the Registrar of Companies (ROS) which rejected the party’s registration.

High Court Justice Ahmad Kamal Md Shahid delivered the decision in a hearing here on Monday July 18, said lawyer Lim Wei Jiet, who represented the veteran-initiated political party.

“The party founders are asking for a court order for the Home Secretary to decide on the appeal within seven days, if the judicial review is successful,” he said.

Lim also said the court set another handling of the case on July 27.

On July 7, the party’s eight founders requested authorization to initiate a judicial review to compel the Minister of the Interior to rule on their appeal against the rejection of the party’s registration.

The group, led by Brigadier General (Rtd) Datuk Abdullah Mohamed, named the Minister of Interior and the ROS as first and second responders, respectively.

According to a supporting affidavit, Kemakmoran applied for registration of the party under the category of political parties, based on the Associations Act 1966, on March 9, 2021.

The request was rejected on March 16 of this year.

They then appealed the decision on March 25.

However, they claimed there had been no decision from the minister despite some 113 days since the appeal was lodged.

The plaintiffs claim that such delay is unreasonable, illegal and a violation of the right to form associations under the Federal Constitution.

They seek an order of mandamus for the first respondent to render a decision on their appeal.

They are also seeking aggravated and exemplary damages, costs and relief deemed appropriate by the court.