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Aug 7 decision on Muhyiddin’s bid to strike out Mahathir’s suit

09 Jul 2020 / 20:13 H.

KUALA LUMPUR: The High Court here today has fixed Aug 7 for the decision on the application by Prime Minister Tan Sri Muhyiddin Yassin and three others to strike out the suit brought by Tun Dr Mahathir Mohamad and others over the nullification of their membership in Parti Pribumi Bersatu Malaysia (Bersatu).

Muhyiddin’s counsel Rosli Dahlan told reporters that Justice Datin Rohani Ismail fixed the date after hearing submissions from both parties in her chambers today.

Rosli said he submitted that there was no termination by the party against Dr Mahathir and the other defendants.

“First and foremost, Tun Dr Mahathir resigned as chairman and under Article 10.2.6 of PPBM Constitution, they are no longer party members when they filed this action in court,” he said.

Rosli, who was also representing party secretary-general Datuk Seri Hamzah Zainudin and party executive secretary Capt (Rtd) Muhammad Suhaimi Yahya said he had also submitted on Section 18C of the Societies Act, which stated that any decision of political parties are final and cannot be challenged in courts.

“Section 18C was actually passed in Parliament in 1999 during Tun Dr Mahathir’s era. And now he is saying this provision is not applicable,” he said.

The counsel further said that the lawsuit was wrong as Dr Mahathir and others had named PPBM as a party in the civil action.

“You cannot name a society or organisation in an action and this was clearly mentioned in Section 9C of Societies Act. A society or organisation can only sue or be sued through office bearers,” he said adding that the lawsuit was frivolous and vexatious.

Muhyiddin, Hamzah, Muhammad Suhaimi and Registrar of Societies (RoS) as defendants had filed an application to strike the suit on June 17 on grounds that it was a bad action, abuse of the court process, and that Dr Mahathir and the six other plaintiffs had no locus standi to file the legal action.

Meanwhile, Dr Mahathir’s lawyer Mohamed Haniff Khatri Abdulla told reporters that Syed Saddiq Syed Abdul Rahman, who was the third plaintiff, had withdrawn his claim and not named as a plaintiff anymore.

“However, the withdrawal did not affect the case. The court then struck out the suit by Syed Saddiq,” he said.

On June 18, the court rejected ad-interim injunction application by Dr Mahathir, his son Datuk Seri Mukhriz, Syed Saddiq, Dr Maszlee Malik, Datuk Amiruddin Hamzah and Datuk Marzuki Yahya for the preservation of their membership pending the inter partes injunction hearing in relation to their suit.

All of them, including the party which was named as the seventh plaintiff, filed the suit on June 9 against Muhyiddin and four others over the nullification of their membership in Bersatu. — Bernama

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