Former Nenggiri assemblyman withdraws lawsuit over Bersatu expulsion
KUALA LUMPUR: Former Nenggiri state assemblyman Mohd Azizi Abu Naim has withdrawn the originating summons he filed at the High Court here, challenging the termination of his membership from the Bersatu party.
Mohd Azizi's lawyer, Nur Irdina Syahirah Mohammad Wardi, informed judge Roz Mawar Rozain that the suit was withdrawn as it had become academic, given that the Nenggiri by-election had already taken place, resulting in the election of a new state assemblyman.
Meanwhile, the defendants, including Kelantan State Assembly Speaker Datuk Mohd Amar Nik Abdullah, who was represented by counsel Awang Armadajaya Awang Mahmud, applied for RM250,000 in costs.
They argued that the case was of public interest and had required significant legal work due to its complexity, particularly with the involvement of the speaker's position, which has wider implications for the country's legislative body.
Counsel Chetan Jethwani, representing Bersatu president Tan Sri Muhyiddin Yassin and Bersatu secretary-general Datuk Seri Hamzah Zainudin, who were also named as defendants, sought RM250,000 in costs for both his clients.
"This lawsuit has no merit and would ultimately fail. This is evidenced by the withdrawal of the suit," said Chetan.
Judge Roz Mawar subsequently struck out the suit and ordered Mohd Azizi to pay costs of RM50,000 to Mohd Amar and RM50,000 to Muhyiddin and Hamzah.
Mohd Azizi had originally filed the lawsuit on June 24 last year, challenging his expulsion from Bersatu. He sought a declaration that his termination, communicated via a notice dated June 12, 2024, was unlawful and void, claiming the notice was issued with malice.
Mohd Azizi argued that an amendment to Article 10 of Bersatu's constitution, which allows revocation of membership if a member supports a political rival, was unconstitutional. - Bernama
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
37 minutes ago
- Free Malaysia Today
Malay unity a must for broader national consensus, says Bersatu man
The 'Malay umbrella' initiative was launched by Dr Mahathir Mohamad, with support from leaders of Bersatu and PAS. PETALING JAYA : A Bersatu leader has defended the party's support for Dr Mahathir Mohamad's proposed 'Malay umbrella', denying claims that it contradicts its shift towards a more moderate and centrist political position. Bersatu Supreme Council member Wan Ahmad Fayhsal Wan Ahmad Kamal argued that supporting the latest initiative to unite the Malays complemented, rather than contradicted, the party's efforts to reach out to non-Malays. The Machang MP said the two are not mutually exclusive but key building blocks in establishing long-lasting multiracial cooperation. 'In fact, Malay unity is a prerequisite for building a broader national consensus,' he told FMT. Wan Ahmad Fayhsal Wan Ahmad Kamal. Wan Fayhsal rejected suggestions that Perikatan Nasional was veering towards far-right or chauvinistic politics, saying its approach was anchored in the higher objectives of Islam, namely to preserve harmony and peace among all races. 'We're not launching a far-right or ultra-nationalist movement. We simply want Malays to be aware of long-term issues that will affect them if we remain disunited,' he said. Any political party aspiring to govern the country must have the support of the Malay electorate, whose electoral participation and political awareness are still lacking, he added. PN's main components of PAS and Bersatu have already obtained a big chunk of Malay support, but Wan Fayhsal said it was insufficient and could be improved. 'We have to build enough consensus among the Malays first, among the scholars, among the teachers, among the kampung folks, before reaching the next step,' he said, adding that this was the approach even before Malaya's independence. On Wednesday, Mahathir launched his new Malay unity 'umbrella'' with the backing of PAS and Bersatu; it is aimed at restoring the community's political power and protecting them from political and economic decline. However, the initiative's theme appeared to contradict Bersatu's shift towards more moderate and centrist politics, when leaders such as deputy president Hamzah Zainudin had recently mooted a 'new national consensus' that went beyond one race or religion. Political analyst Mazlan Ali of Universiti Teknologi Malaysia said Bersatu's decision to back the 'Malay umbrella' would make people question the party's sincerity about bringing national reconciliation. Ahmad Fauzi Abdul Hamid of Universiti Sains Malaysia described it as typical political doublespeak, where politicians use almost contradictory tones and themes when addressing different audiences. However, Wan Fayhsal said he believed that Mahathir's alliance was a sincere and necessary step towards political stability. He said the current government was on an unstable footing. 'Like it or not, the current government is in very bad shape because (Prime Minister Anwar Ibrahim) has failed to muster Malay support until today. So until and unless the Malays warm up to the government, the country will not be politically stable,' said Wan Fayhsal, a former deputy national unity minister. Wan Fayhsal said the 'Malay umbrella' could also generate political interest and awareness among young Malays, adding that this was a key strategy for PN as it prepares for the next general election.
![[UPDATED] Anwar files application to stay civil suit proceedings](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2FHQ2409127624_1749179584.jpg&w=3840&q=100)
![[UPDATED] Anwar files application to stay civil suit proceedings](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fassets%2FNST-Logo%402x.png%3Fid%3Db37a17055cb1ffea01f5&w=48&q=75){kind=small}
New Straits Times
15 hours ago
- New Straits Times
[UPDATED] Anwar files application to stay civil suit proceedings
KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim has filed an application to stay trial proceedings in connection with a sexual assault suit filed against him in 2021 by former research officer, Muhammed Yusoff Rawther. Anwar's lawyer, Datuk Seri Rajasegaran Krishnan, confirmed the filing to the New Straits Times. "We filed the stay application last night. Case management will be held online this afternoon, during which a hearing date will be fixed," he said. This came after High Court judge Roz Mawar Rozain dismissed Anwar's bid to refer eight constitutional questions to the Federal Court, which included whether he possessed immunity from a civil suit filed by Yusoff. Roz Mawar had also rejected Anwar's application to stay trial proceedings in the sexual assault suit, which she will preside over beginning June 16. The suit was filed before Anwar's appointment as prime minister on Nov 24, 2022. One of the main grounds in Anwar's stay application was that the High Court decision relied on two cases which had already been overruled by the Federal Court. It also said the judge erred in law by relying on overruled and discredited Federal Court precedents, resulting in a decision that lacks legal foundation and breaches the principle of constitutional fidelity. Rajasegaran had said a notice of appeal against Roz Mawar's entire decision had been filed on Wednesday. Roz Mawar, in her decision, ruled that Anwar's referral application on the eight constitutional questions was speculative and did not meet the requirements under Section 84 of the Courts of Judicature Act. Anwar had sought the apex court to rule whether Articles 5,8,39,40 and 43 of the Federal Constitution grant him qualified immunity from Yusoff's suit. Anwar had asked the court to decide whether Yusoff's suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers. He had also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the Constitution.
The Sun
21 hours ago
- The Sun
High Court dismisses committal bid by former KL Tower operator
KUALA LUMPUR: The High Court here today dismissed the former operator of Kuala Lumpur Tower's leave application to commence committal proceedings against seven individuals and the government. The former operator, Menara Kuala Lumpur Sdn Bhd, and its parent, Hydroshoppe Sdn Bhd, are seeking contempt of court action against the eight for allegedly disrupting the administration of justice amid ongoing legal proceedings. Judge Roz Mawar Rozain, who rejected the application, ordered the two companies to pay RM25,000 to the respondents, including Communications Minister Datuk Fahmi Fadzil. Six other officials were also named as respondents, including Dang Wangi district police chief ACP Sulizmie Affendy Sulaiman, Federal Land Commissioner Datuk Muhammad Azmi Mohd Zain and Communications Ministry Secretary-General Datuk Mohamad Fauzi Md Isa. In her judgment, Judge Roz Mawar ruled that the court was not satisfied there was a prima facie case to warrant the granting of leave for contempt proceedings. She further held that the court was not persuaded by Hydroshoppe's assertion of encroachment on its properties, regardless of the manner, given that its contract with the government had lapsed on March 31. The court also dismissed the inter partes injunction application by Hydroshoppe and Menara KL, ordering both companies to pay RM20,000 each in costs to the government, as well as to LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd. The court then fixed July 14 to hear the striking-out applications filed by Fahmi and the three companies. Hydroshoppe and Menara KL filed a breach of contract suit against the respondents, alleging that LSH Capital and its subsidiaries induced a breach of an agreement purportedly reached with the government during a meeting in August 2022. The plaintiffs further claimed that the respondents engaged in dishonest assistance and are seeking a declaration that the award of the KL Tower concession to LSH Service Master is void and unlawful. In addition, they are claiming an estimated RM1 billion in damages and are seeking the concession of the iconic Kuala Lumpur landmark to be transferred back to them.
