GAMING outlet operators and those whose livelihoods are affected by the ban on 4D lottery outlets in Kedah can turn to the courts to seek a judicial review on the state government’s decision, lawyers say.

The decision, announced by Menteri Besar Muhammad Sanusi Md Nor “to tackle the ills resulting from gambling”, had violated general administrative law and the spirit of natural justice, lawyer Gan Ping Sieu said.

Explaining the principle of natural justice, Gan said it’s a case where a worker loses his job from sudden termination without being properly consulted.

That action, which resulted in the loss of a worker’s job violates Article 5 of the Federal Constitution, as the workers have the right to life and liberty.

“It’s about putting food on the table and livelihoods.

“If the state government’s decision ends up with a worker losing his job and source of income, they have to meet the principle of natural justice.

“They have to meet and consult with the operators. Listen to their views.

“Not suddenly terminate. It is unreasonable for any government to pass laws that violate the principle of natural justice,” said Gan, a former Johor state assemblyman and deputy Youth and Sports Minister.

Gan noted the decision of the Kedah MB was clearly made on religious grounds.

That, he said, violates Article 8 of the constitution, which states laws cannot discriminate against other ethnic groups on religious grounds.

Kepong MP Lim Lip Eng, a lawyer by training, told The Malaysian Insight the chances of obtaining a judicial review are good as the PAS-led Kedah government had not given a good reason on its decision not to renew the gaming licence.

The DAP MP said the Kedah government’s decision is a “political agenda” to boost the party’s chances of winning elections.

Lim said he feared that if PAS succeeds with its move in Kedah, it could gain ground in other states and the Islamist party would be encouraged to use these religious extremes to win over voters.

“In the last general election, PAS won nothing in Malacca.

“Since then, they are part of the federal government and they are in power in several states now.

“If they continue to suffer electoral setbacks, they basically would not be able to raise their heads among the Malay electorates.

“So, what choice do they have other than to use religious and ethnic issues to improve their chances of winning?”

Former president of the Malaysian Bar Council Yeo Yang Poh, however, warned that while obtaining a judicial review is possible, the success of its outcome could be hard to predict.

Gan said the ban on religious grounds would not only exacerbate ethnic tensions but be a reason for the gaming industry to go underground, adding that the black market would flourish and operators would also go online.

Sanusi courted controversy after announcing that the state would not renew 4D lottery outlet business licences, which are issued by local authorities.

He said the decision would take effect from next year, adding that the move would help tackle the ills resulting from gambling.

He said those in Kedah who want to purchase 4D tickets could head to Penang.

DAP secretary-general Lim Guan Eng has asked Prime Minister Ismail Sabri Yaakob, as well as MCA, MIC and Gabungan Parti Sarawak ministers to explain whether the banning of 4D outlets and alcohol sales to non-Muslims was a new policy under Keluarga Malaysia – a concept adopted by the federal government.

Lim said the decision might have been made to help PAS candidates contesting in the Malacca polls.

PAS should have consulted MCA, MIC and the Chinese community considering the financial losses that may result from the sudden decision, he added. – November 16, 2021.