THE Court of Appeal today dismissed the appeals by the Coalition for Clean and Fair Elections (Bersih 2.0) and nine others to refer constitutional questions concerning the validity of an emergency proclamation made in 2020 to the Federal Court.

A three-member panel comprising judges Has Zanah Mehat, Che Mohd Ruzima Ghazali and Ahmad Zaidi Ibrahim held that there was no appealable error by the High Court and affirmed its (the High Court’s) decision.

On a preliminary objection raised by senior federal counsel Suzana Atan, representing the government and former prime minister Muhyiddin Yassin, that the constitutional reference application was not appealable, Has Zanah said the reference application was appealable as it had finally disposed of the rights of the appellants.

The court dismissed the appeals with no order as to costs.

The appellants, besides Bersih 2.0, are its chairman Thomas Fann Peng Tong, six civil society groups and two PKR politicians – Mohd Yusmadi Mohd Yusoff and incumbent Hang Tuah Jaya MP Shamsul Iskandar Mohd Akin.

The civil society groups are the Malaysian Academic Movement, Aliran, Suara Rakyat Malaysia, the Kuala Lumpur and Selangor Chinese Assembly Hall, Save Rivers and the Center for Independent Journalism.

Yusmadi and Shamsul and three PAS politicians – incumbent Pasir Mas MP Ahmad Fadhli Shaari, Khairil Nizam Khirudin and Mohd Apandi Mohamad – were allowed by the High Court on April 1 last year to intervene in the suit filed by Bersih and the civil society groups against the government and Muhyiddin.

In their originating summons, they sought a declaration that the Emergency (Essential Powers) Ordinance 2021 is unlawful and unconstitutional, and therefore null and void.

On May 18, High Court judge Ahmad Kamal Md Shahid dismissed their applications to refer constitutional questions under section 84 of the Courts of Judicature Act 1964, to the Federal Court.

Bersih had posed seven legal questions concerning the validity of the emergency proclamation, which was effective from January 12, 2021 to August 1, 2021, to curb the spread of the coronavirus.

At today’s court proceedings, which were conducted online, lawyers Edmund Bon Tai Soon, New Sin Yew and Jacqueline Hannah Albert represented Bersih and the civil society groups while federal counsel Noor Atiqah Zainal Abidin also represented the government and Muhyiddin.

Lawyer A. Surendra Ananth appeared for Yusmadi and Shamsul while lawyer Mohammed Zamri Ibrahim acted for the three PAS politicians. – Bernama, October 12, 2022.