IT is humbly submitted that the Kuala Lumpur High Court’s decision to dismiss Malaysia United Democratic Alliance’s (Muda) bid to initiate a judicial review of the Registrar of Societies (RoS) decision not to register the political party is good in law.

Judge Mariana Yahya correctly ruled that Muda should have exhausted all its avenues under the Societies Act 1966 before turning to the court.

If the RoS refuses an application for registration, the applicant may appeal within 30 days to the minister under Section 18 of the Act. Under Section 18, the minister has the power to confirm, reject or vary the decision of the RoS.

The minister, having not been presented with an appeal, the applicant should not seek the court’s intervention to review the RoS decision.

In the case Zainal Bin Haji Nasiruddin v The Registrar of Societies [2012], the applicant applied for the registration of a political party under the Act. No time frame is provided in the Act but in the instant case, the RoS did not make any decision for about three years.

The High Court duly noted that under the scheme of the Act, if the RoS refuses an application, the applicant has the avenue to appeal to the minister against his decision.

However, since the RoS had not made any decision, the applicant could neither appeal under Section 18 nor seek the court’s intervention to review his decision. The learned Judicial Commissioner Ravinthran Paramaguru said:

“In my opinion, the inordinate and continuing delay without good reason in the instant case is equivalent to refusal to make a decision. As the applicant has sufficient legal interest in the duty of the Registrar to make a decision on the application to register (the political party), I hold that the refusal to make a decision is unlawful and ultra vires the Societies Act 1966.”

Accordingly, the learned judge granted an order of mandamus to compel the RoS to make a decision on the application of the applicant to register the political party within 21 days from the date of decision.

Such was the learned judge’s decision because the court could not be compelled to register the political party as the discretion to register a society lies with the RoS in the first instance under Section 7 of the Act.

The RoS would have to decide whether to register or refuse to register a society. In the case of the latter, an appeal would lie to the minister.

In short, an applicant will have to exhaust the avenue of appeal to the minister under Section 18 of the Act. – February 4, 2021.

*Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.