Latest news with #MalaysianBar
Malay Mail
3 hours ago
- General
- Malay Mail
Anwar likely to exhaust right under law to refer constitutional questions to Federal Court — Hafiz Hassan
JUNE 4 — In the case of Badan Peguam Malaysia v Yang Berhormat Perdana Menteri Malaysia, Tan Sri Dato' Hj Mahiaddin bin Mohd Yasin & Anor [2024], the Malaysian Bar (Bar) applied to the High Court (HC) to refer no less than 27 constitutional questions to the Federal Court pursuant to Article 128 of the Federal Constitution (FC) and/or Section 84 of the Courts of Judicature Act 1964 (CJA). The HC dismissed the reference application, essentially on the ground that the questions raised were not constitutional questions that fell exclusively within the jurisdiction of the Federal Court alone to answer. Aggrieved by the decision, the Bar appealed to the Court of Appeal (COA). Having heard the appeal, the COA affirmed the decision of the HC. One of the main grounds for dismissing the appeal was that the HC had not committed any appealable error in refusing to refer the questions posed to the Federal Court. Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. — Picture by Yusof Mat Isa Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. President of COA, Abang Iskandar, having analysed the questions of law and the applicable law, dismissed the Bar's application for leave to appeal. His Lordship said: 'Our analysis of all the proposed questions of law is that they are essentially proposing to us to relook into the meaning, application and scope of Section 84 of the CJA, read with Article 128(2) of the FC. In our view... all the cited cases had comprehensively dealt with the matter. We find that the Bar had failed to satisfy us as to where and what the gaps are in those cited cases to merit the grant of leave. 'In the upshot, we are of the unanimous view that the threshold requirement [for leave to appeal] has not been met, with respect, by the Bar in this case, and as such, this leave application ought to be and is dismissed with no order as to costs.' The point is this: application to refer question or questions of law to the Federal Court pursuant to Article 128(2) of the FC and/or Section 84 of the CJA is available to any party to a dispute. Accordingly, Prime Minister Anwar Ibrahim is as entitled as the Bar to apply to the court to refer constitutional questions to the Federal Court. Anwar is also entitled to appeal against the decision of the learned High Court judge dismissing his application to refer the constitutional questions to the apex court. He is likely to exhaust his right under the law.
Free Malaysia Today
3 days ago
- General
- Free Malaysia Today
Zaid, 2 others lose defamation suit against Malaysian Bar
The High Court ruled that Zaid Ibrahim and two others had failed to prove their case against the defendants on a balance of probabilities. KUALA LUMPUR : The High Court has dismissed a libel suit filed by Zaid Ibrahim and two others against a former Malaysian Bar president over her statement on their conduct during Najib Razak's final appeal in the SRC International case. Justice Roz Mawar Rozain said the former law minister, who is now a lawyer, and counsel Liew Teck Huat and Rueben Mathiavaranam had failed to prove their case against the defendants on a balance of probabilities. 'The statement had not lowered their reputation in the eyes of an ordinary person,' Roz Mawar said in her oral judgment read out in court today. She also dismissed the plaintiffs' suit for conspiracy to injure and breach of statutory duty under the Legal Profession Act 1976. Lawyer Andrew Chiew, who appeared for the Bar and its then president, Karen Cheah, did not ask for costs. 'We are extending the olive branch and hope the matter ends here,' he said. Roz Mawar said while the defendants were magnanimous, nothing could stop the plaintiffs from appealing the case. Zaid, Liew and Mathiavaranam had on Sept 30, 2022, filed the suit against the Bar and Cheah for allegedly defaming them over their conduct in the appeal. They claim that a media statement, which Cheah issued on Aug 19, 2022 titled 'Abuse of process brings disrepute to our justice system', implied that they had 'undermined the justice system through unscrupulous strategies'. The statement was published by several media organisations on the same day, they said. The plaintiffs said the words in the press statement were calculated to 'disparage, besmirch and damn' them in their professional capacities as advocates and solicitors having conduct of appeals and applications in the Federal Court. Najib had on July 25, 2002 appointed Zaid's law firm to replace Shafee & Co as solicitors in his final SRC International criminal appeal before the Federal Court, with Hisyam Teh Poh Teik replacing Shafee Abdullah as lead counsel. Roz Mawar said the press statement did identify the plaintiffs and was published, but did not establish that the words, in their natural and ordinary meaning, were defamatory. She said the plaintiffs themselves had, before the publication, made multiple public disclosures, including press interviews, social media postings and commentaries. 'They had admitted their lack of readiness, criticising prior counsel and seeking adjournments which were ultimately refused by the Federal Court,' she said. Roz Mawar said she found that by Aug 19, 2022, the reputational position of the plaintiffs had already been shaped by facts in the public domain. She said the court also found no evidence to support the plaintiffs' claim of conspiracy to injure. 'There is no actionable breach (of statutory duty) or specific compensable loss that has been proven to flow from the alleged breach,' she said.
New Straits Times
5 days ago
- Health
- New Straits Times
Senior Citizens Bill must be prioritised, says coalition on ageing
KUALA LUMPUR: The Senior Citizens Bill, which has long been overdue, must be given priority and tabled for debate as soon as possible, said the Malaysian Coalition on Ageing. Coalition chairman Cheah Tuck Wing said while existing laws protect women and children, there is still no specific legislation aimed at safeguarding the rights and welfare of senior citizens. "The population of people aged 65 and above is rapidly rising, expected to reach 15 per cent by 2040. This means our country will become an aged nation, yet many measures, including legislation to protect them, are still not in place," he said when contacted today. He added the coalition fully supported the Malaysian Bar's call for the government to immediately table the bill to protect Malaysia's ageing population. He added government hospitals have reported many cases where families admit their elderly relatives and then disappear. Hospital Kuala Lumpur, for example, recorded 358 abandonment cases in 2023 and 166 cases up until May last year, he said. "Hence, the proposed bill, which includes legal action against adult children who neglect their parents, is essential in restoring a sense of filial responsibility. The bill must be comprehensive, with care-centric supporting programmes to address the real-life challenges faced by caregivers," he said. He added financial hardship and the strain of 24-hour caregiving often lead to family conflicts, which could be a driving factor behind many abandonment cases. As such, he said the government must implement care centric supporting services to alleviate the hardship faced by filial caregivers. "Firstly, special financial support must be given to caregivers from B40 families and retirees in the M40 group who are taking care of them elderly parents with moderate to severe health problems. "Second, public healthcare and trained manpower. Specialists in geriatric medicine, rehabilitation facilities and welfare programmes for elderly must be upgraded. Currently, we only have 67 geriatric specialists in hospitals and private practice and the ratio is one doctor to 40,000 individuals above 65 years old. "Thirdly, there must be close collaboration between the government and non-governmental organisations in the community to provide support for family members with elderly care responsibilities. "Community based services could focus on providing help and support to caregivers either through daycare centers or home visits by nurse and health aides." Cheah said the successful Senior Citizens Activity Centres, established by the Women, Family and Community Development Ministry in partnership with other government agencies and the non-governmental organisations, should serve as a model for developing community-based care institutions in selected districts. One such area is Lubok Antu in Sarawak, which has the highest percentage of citizens aged 65 and above in Malaysia. "It is imperative that the government implement strategies to address the problem of elderly abandonment, especially given the limited number of beds available at the 10 federally funded old folks' homes and two homes for the chronically ill in Peninsular Malaysia, as well as the five state-funded old folks' homes in the Borneo states," he added. Earlier today, the Malaysian Bar called on the government to urgently table the bill to safeguard the country's ageing population.
New Straits Times
5 days ago
- Politics
- New Straits Times
Senior Citizens Bill delayed: Engagements still ongoing, says Nancy Shukri
KUALA LUMPUR: The proposed legislation aimed at enhancing protections for senior citizens is unlikely to be tabled during the upcoming parliamentary sitting, says Women, Family and Community Development Minister Datuk Seri Nancy Shukri. She said engagement sessions were still ongoing to ensure that the proposed Senior Citizens Bill effectively addressed the real and varied needs of Malaysia's ageing population, ensuring no one is left behind. "We take note of the Malaysian Bar's statement and appreciate their commitment to the welfare of senior citizens. "The ministry continues to engage with stakeholders — including non-governmental organisations, academics and relevant agencies — through a dedicated special projects team to determine the most effective approach in supporting our ageing population. "As these engagements are still ongoing, it is unlikely the bill will be tabled in the forthcoming session. "Our priority remains ensuring that any proposals are practical, inclusive and genuinely reflective of the needs of our senior citizens," she told the New Straits Times. Earlier today, the Malaysian Bar called on the government to urgently table the bill to safeguard the country's ageing population. Its president Mohamad Ezri Abdul Wahab said such legislation must be truly effective and tackle the root causes of neglect, abuse, and systemic marginalisation experienced by older Malaysians. Echoing the call was Senior Citizens Advisory Council member Tan Sri Lee Lam Thye. "As Malaysia transitions into an ageing nation — with projections indicating that by 2030, 15 per cent of the population will be aged 60 and above — there is an urgent need to institutionalise the rights, protections and welfare of senior citizens through a dedicated Senior Citizens Bill. "This long-overdue legislation is both timely and necessary to ensure that the elderly are treated with dignity, respect and fairness in all aspects of society. "A key focus of the bill should be to establish a robust legal framework for reporting and addressing cases of elder abuse, neglect and discrimination, thereby ensuring that vulnerable seniors receive the protection they rightly deserve," he said.
Malay Mail
5 days ago
- Business
- Malay Mail
Senior Citizens Bill crucial as Malaysia nears aged nation status, says Malaysian Bar
KUALA LUMPUR, May 30 — The Malaysian Bar has urged the government to urgently table the Senior Citizens Bill, stressing the need for a comprehensive legal framework to protect the country's growing elderly population. With Malaysia projected to become an aged nation by 2040 — when 14.5 per cent of the population will be aged 65 and above — the Bar said this demographic shift demands legal safeguards to ensure the welfare and dignity of senior citizens. 'We commend the government's reported progress on the Senior Citizens Bill and hope that our analysis will be considered in the final draft,' the Bar wrote in a statement today, referencing efforts by the Ministry of Women, Family and Community Development to finalise the legislation. The Bar highlighted that 58 per cent of 54-year-old Employees Provident Fund contributors have less than RM100,000 in savings, far short of the RM240,000 benchmark needed to sustain a RM1,000 monthly income for two decades after retirement. It also applauded the government's move to consider raising the retirement age to 65, which would allow willing and able seniors to continue contributing to the workforce. In its recommendations, the Bar called for codified legal rights for the elderly, mechanisms to address elder abuse, the creation of a national oversight body, expanded community-based care, and improved access to legal and financial aid. The Bar further emphasised the need for mandatory licensing and regulation of care homes, noting that only 393 of these facilities are registered, with over 700 believed to be operating without oversight. It also stressed the importance of addressing mental health and social inclusion, and advocated for the use of gerontechnology — such as telehealth services and wearable health devices — to improve elderly care. The Bar cited best practices in Canada and South Korea, where comprehensive legal frameworks have improved the wellbeing and dignity of senior citizens, and expressed readiness to contribute legal expertise to strengthen the proposed legislation.
