Latest news with #Waytha
Malaysian Reserve
2 days ago
- Politics
- Malaysian Reserve
Sivarasa dismisses bid to nullify Anwar's election as baseless
by NURUL NAJMIN ABU BAKAR PKR'S R Sivarasa (picture) has rejected a legal challenge by former Federal Minister P Waytha Moorthy, seeking to disqualify Datuk Seri Anwar Ibrahim as Tambun MP and prime minister (PM), as baseless. Waytha, who served in Tun Dr Mahathir Mohamad's Cabinet from 2018 to 2020, is asking the High Court to declare Anwar's Nov 19, 2022, election win in Tambun and his appointment as PM five days later null and void. He contends that the royal pardon granted to the PKR president in 2018 did not explicitly exempt him from the five-year disqualification period for contesting an election after release from prison. Sivarasa said such reasoning reflected a failure to understand the proper application of Article 48 of the Federal Constitution, which sets out the circumstances under which an MP can be disqualified. He said it was a matter of public record that Anwar received a full and free pardon in 2018 from the then King, who viewed the conviction as a miscarriage of justice. 'The inclusion of the words 'and who has not received a free pardon' in Article 48 makes clear that once a free pardon is granted, a prior conviction no longer serves as a disqualifying factor. 'It is a trite principle in law, which unfortunately Waytha Moorthy does not appear to appreciate, that the effect of a full and free pardon is to wipe away a conviction completely. It is as if the conviction and sentence never occurred at all,' he said in a statement. Sivarasa, who heads PKR's legal bureau, questioned why the issue had not been raised by Anwar's opponents during the Tambun campaign, nor when he was appointed as PM in November 2022. 'One wonders why he took two and three-quarter years to suddenly wake up one morning having dreamed up this fatuous point. Is this case really more about trying to stay politically relevant in any possible way?' he added. DAP's Syahredzan Johan also questioned whether Waytha's suit was connected to his recent meeting with Parti Pribumi Bersatu Malaysia leaders. The Bangi MP said that while anyone had the right to file court proceedings, the suit appeared 'frivolous and vexatious' given that Anwar has been PM for nearly three years. Waytha, who is president of the Malaysian Advancement Party, was among several political leaders outside the government bloc who met Bersatu president Tan Sri Muhyiddin Yassin recently to discuss forming a united Opposition front. — TMR
Malaysiakini
3 days ago
- Politics
- Malaysiakini
Baseless suit against PM
LETTER | We register our strongest objection to the legal action initiated by P Waythamoorthy seeking to disqualify Anwar Ibrahim as Tambun MP and as the prime minister. This reckless litigation is not only legally untenable but also a gross abuse of judicial process. It undermines the Federal Constitution, the royal prerogative of pardon, and the democratic mandate of the people. 1. Royal pardon is final and binding Anwar received a full and unconditional royal pardon in 2018. Constitutionally, such a pardon has the effect of erasing all legal disqualifications. By challenging this, the plaintiff has shown blatant disrespect to the Yang di-Pertuan Agong's prerogative powers under Article 42 of the Federal Constitution. 2. No AG's consent This suit purports to question matters of public right without obtaining the fiat (consent) of the attorney-general. Filing such an action without the AG's sanction is procedurally defective and could expose the plaintiff to penal consequences for frivolous and vexatious litigation. 3. Time-barred and incompetent Any challenge to the validity of an MP's election must be filed within 21 days under Article 118 of the Federal Constitution and Section 38 of the Election Offences Act 1954. Waytha's filing, more than two years after the Tambun election, is barred by law and amounts to a deliberate abuse of court process. 4. Lack of locus standi The plaintiff has no standing to maintain this suit. He is neither a voter of Tambun nor a person directly affected. Malaysian jurisprudence, particularly Government of Malaysia v Lim Kit Siang [1988] 2 MLJ 12, makes it clear that public interest litigation without locus standi or AG's fiat is not permitted. 5. Penal consequences for misuse of process Waytha's conduct may warrant sanctions under the law: Order 18 Rule 19 of the Rules of Court 2012 – permits striking out of actions that are scandalous, frivolous, or vexatious, with costs on an indemnity basis. Section 35, Legal Profession Act 1976 – as a lawyer, knowingly filing a baseless action could amount to professional misconduct. Contempt of court – Persisting in actions that scandalise the royal prerogative of pardon or abuse judicial process may amount to contempt, which carries imprisonment or fines. Penal Code, Section 177 – knowingly furnishing false information to a public servant in judicial proceedings may attract criminal liability. Such punitive measures exist to protect the dignity of the courts and to deter individuals from weaponising the judiciary for political theatrics. 6. Insult to democracy and monarchy This suit disrespects the will of the electorate in Tambun, the authority of Parliament, and the solemn decision of His Majesty the Yang di-Pertuan Agong in appointing the prime minister. To misuse the courts in this manner is not only irresponsible but borders on an attempt to destabilise the constitutional order. This legal charade must be struck down swiftly. The courts should not only dismiss the action but also consider penal sanctions to send a clear message that our judiciary cannot be misused for baseless political stunts. The Federal Constitution is supreme, not a means for personal ambition nor legal mischief. SELVAM SHANMUGAM is an advocate and solicitor at the High Court of Malaya, Kuala Lumpur. The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
Focus Malaysia
5 days ago
- Politics
- Focus Malaysia
Is Waytha Moorthy's civil suit to disqualify PMX's premiership a sheer publicity stunt?
WHEN starved of the oxygen of publicity, one tactic is to create some legal drama to capture the public's attention. The higher the defendant's profile, the better. Could this be the thinking behind the Hindu Rights Action Force (HINDRAF)/Malaysian Advancement Party founder P. Waytha Moorthy's civil suit that seeks to disqualify the premiership of Datuk Seri Anwar Ibrahim? This is on grounds that the royal pardon granted to the PKR president in 2018 did not state that he was exempt from the five-year disqualification period for contesting an election after being released from prison. For context, the former minister in Tun Dr Mahathir Mohamad's cabinet from 2018 to 2020 has wanted the High Court to declare PMX's election as Tambun MP on Nov 19, 2022 and his appointment as Prime Minister five days later null and void. On X, governance advocate ksampoh@MyOwn Inc (@Ksampoh) gave a detailed explanation as to why Waytha's suit was doomed to fail, citing similar suits against disgraced former premiers Datuk Seri Najib Razak and Tun Dr Mahathir which were previously thrown out by the court. Claiming that it was all just 'political theatre', the self-described true patriot confidently predicts that the suit will not succeed as 'the Federal Constitution, statutory time limits and past court decisions all make it clear that your case won't survive the first procedural hurdle'. Dear Waytha Moorthy, This lawsuit to 'disqualify' Anwar as Tambun Wakil Rakyat & Prime Minister is legally dead on arrival -& I say that based on the Constitution, the law, & precedent, not politics. 1- The Constitution doesn't back it Articles 48 & 50 of the Federal… — ksampoh@MyOwn Inc (@ksampoh) August 12, 2025 Commenters on the post were no less scathing with a few seeing right though the charade. One contended that the rakyat are tired of all the smokescreen acts 'by the same line-up of lawyers' that are mere diversionary tactics. It was a calculated move to ride on the momentum of the Turun Anwar rally, claimed one commenter. Knowing full well that the suit is not valid, it was argued that the former unity minister during Dr Mahathir's second premiership stint was merely trying 'to score some points in the court of public opinion'. As a person with a legal background, one commentator accused Waytha of manipulating the judicial system to spin conspiracy theories by claiming that the 'Madani (administration) controls the judiciary'. He would not be surprised if many citizens would believe Waytha. A few condemned this being a waste of court time and resources. One commenter suggested that the suit be dismissed and the 59-year-old politician be left to shoulder all the cost of this frivolous action. It was also claimed this was a part of a concerted attack on PMX by opposition groups to weaken his grip on power. One commenter highlighted that this suit was only filed AFTER the lawyer had met with Bersatu representatives, an insinuation that this was calculated political manoeuvring. More pertinently, the timing of the suit was questioned. Why not when PMX won in the Port Dickson by-election in 2018? Such gaps in reasoning caused one commenter to denounce 'this HINDRAF man is just good for nothing'. Such spurious and superfluous suits to create mere political theatre are an abuse of the legal process. As pointed out by one commenter, Malaysians are 'tired' of the constant wayang kulit (theatrics) in the jostle for power and influence. One commenter simply urged such individuals to stop wasting the rakyat's time. – Aug 15, 2025
Malaysiakini
06-05-2025
- Politics
- Malaysiakini
'Set aside divisions, egos': Waytha moots Indians' roundtable conference
Malaysian Advancement Party (MAP) and Hindraf leader P Waytha Moorthy seeks to heal the longstanding political fractures within the Malaysian Indian community. Recognising the deep divisions that have weakened the community's voice and influence, he is championing a renewed call for unity, cooperation and purpose. Waytha (above) believes that only through collective strength...
