Court of Appeal to Hear Appeal by 6 Overseas Malaysians Against High Court Decision on 16 May 2012

The Court of Appeal has fixed 9 am on 16 May 2012 for the hearing of the appeal of 6 overseas Malaysians whose challenge to the Election Commission (EC)’s refusal to register them as absent voters was dismissed by the High Court in Kuala Lumpur on 6 January 2012.

A Notice of Appeal was filed with a Certificate of Urgency on 25 January 2012 but the appeal could not be heard because the written grounds of the High Court judge were not produced until this month.

The 6 Appellants are challenging the High Court’s decision on the grounds that the High Court judge misunderstood the case that was brought by the Appellants and completely ignored the central question of whether or not Regulation 2 of the Elections (Registration of Electors) Regulations 2002, which allows only government servants, military personnel and students overseas to register as absent voters, was discriminatory and in violation of the Federal Constitution.

The High Court judge, Justice Dato’ Rohana Yusof, stated in her judgment that the 6 overseas Malaysians had made clear that they were not challenging the validity of the 2002 Regulations. However, the Appellants maintain that their cause papers and written submissions had always argued that the Regulation 2 of the 2002 Regulations was discriminatory and in violation of Articles 8, 10 and 119 of the Constitution.

The Appellants maintain that the High Court judge had confused their legal challenge to  Regulation 2 of the 2002 Regulations with the remedy sought, which was to enlarge the categories of voters who were entitled to vote as absent voters under the 2002 Regulations, in order to bring it into conformity with the Federal Constitution.

The Appellants are also maintaining that the High Court judge was wrong to have held that the EC had no discretion or power to enlarge the categories of absent voters under the 2002 Regulations. They maintain that the High Court judge should have held that the EC had wrongly restricted the categories of Malaysians who can vote as absent voters and had done so in a discriminatory manner.

Lawyers from MyOverseasVote, the Malaysian Human Rights Commission (SUHAKAM), the Malaysian Bar and the Malaysian Centre for Constitutionalism and Human Rights (MCCHR) are expected to hold watching briefs at the Court of Appeal hearing in support of the 6 overseas Malaysians.

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2 Responses to Court of Appeal to Hear Appeal by 6 Overseas Malaysians Against High Court Decision on 16 May 2012

  1. Pingback: In spite of the rain: Bersih 3.0 #London | The Long Way Home

  2. Jessica says:

    Basically Rosemajib and Jala are lying to the Rakyat to formulate a masisve cover up. They are proposing to raise taxes indirectly to cover up for UMNO/BN running M’sia into the ground with $362 billion of national debt!!Note that Sime dDarby is similarly accused of engineering the merger with Golden Hope and Guthrie to hide their huge multi-billion $ Bakun and Middle East losses!!As for the IPP’s, their guaranteed cost is about 45% of Tenaga’s operating expenditure or about $8-10 billion a year for electricity we don’t need or use.In the interim, Tenaga’s debts have risen to about $20 billion mainly to fund these croney IPP contract costs forced upon it by Mahathir over and above the heated objections of ex-Tenaga MD Ani Arope. It was our (now) Raba Raba USA Ambassador who opened the floodgates after Arope was forced by Mahathir into retirement!!!If the Govt forces the issue and re-negotiates these giveaway croney IPP contracts, there alone are saving of about $5 billion a year!!More can be saved by re-negotiating or taking over completely the 1 sided toll highway, water and other monopolistic contracts, not to mention cutting back on defence procurement and the bloated 1.2 million strong civil service operating expenditure.But Rosemajib and Jala want to take the easy way out, pass the buck to and fleece the masses. This will only widen the gap between the rich and the poor with disastrous consequences for our long-term growth!!!We musr stop these rapists, lotters, plunderers and spinners dead in their criminal tracks!dppwe are all of 1 race, the Human race

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