KUALA LUMPUR (Bernama): Prime Minister Tan Sri Muhyiddin Yassin and three others succeeded in their bid to strike out the suit brought by Tun Dr Mahathir Mohamad and five others over the nullification of their membership in Parti Pribumi Bersatu Malaysia (Bersatu).
In allowing Muhyiddin and three other defendants’ application, High Court Judge Datin Rohani Ismail ruled that Dr Mahathir and the other plaintiffs had no locus standi to bring legal action against the defendants.
Section 18C states that any decision of political parties are final and cannot be challenged in courts.Justice Rohani also dismissed the plaintiffs’ application to obtain injunctive relief to preserve their status quo as members in Bersatu until the hearing of the suit as the court had struck out the whole action.
In elaborating on locus standi point, the judge said on June 4, 2020, Bersatu Supreme Council had confirmed the party’s decision that the first plaintiff, Dr Mahathir, had resigned from the chairman’s post on Feb 24 and, as such by virtue of Clause 16.9 of the Bersatu’s Constitution, Muhyiddin who was the first defendant was acting as the Chairman of Bersatu.
The judge also said prior to the Dewan Rakyat sitting on May 18, 2020, Dr Mahathir and Mukhriz had written to the Minister in the Prime Minister’s Department , stating that their seats will be on the opposite side of the House with the MPs of Pakatan Harapan opposing the present Government of which Bersatu is part of it.
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