Unconstitutional to refuse renewal of gaming licence, says lawyer
Kedah has said it will ban the operation of all gaming shops in the state by not renewing their business licences issued by local authorities.
PETALING JAYA: The Kedah government’s decision to ban gaming by not renewing the business licences of such outlets is unconstitutional, a lawyer said.
Syed Iskandar Syed Jaafar al-Mahdzar said this was because the PAS-led state government would be infringing on the legitimate livelihood of businessmen operating by way of licensing.
“Not to renew their licences is actually acting contrary to Article 5 (right to livelihood) and Article 13 (right to property) of the constitution,” he told FMT, adding that the constitution was supreme because Malaysia is a secular state.
The lawyer said an adversely affected businessman running a gaming outlet could file for a judicial review in line with a recent Federal Court ruling (Anwar Ibrahim v The National Security Council).
PETALING JAYA: The Kedah government’s decision to ban gaming by not renewing the business licences of such outlets is unconstitutional, a lawyer said.
Syed Iskandar Syed Jaafar al-Mahdzar said this was because the PAS-led state government would be infringing on the legitimate livelihood of businessmen operating by way of licensing.
“Not to renew their licences is actually acting contrary to Article 5 (right to livelihood) and Article 13 (right to property) of the constitution,” he told FMT, adding that the constitution was supreme because Malaysia is a secular state.
The lawyer said an adversely affected businessman running a gaming outlet could file for a judicial review in line with a recent Federal Court ruling (Anwar Ibrahim v The National Security Council).
Syed Iskandar Jaafar al-Mahdzar.
The majority held that no action could be brought against the state — federal or state governments — on constitutional grounds unless he/ she is an aggrieved party.
Syed Iskandar said this in response to the recent announcement by Kedah menteri besar Muhammad Sanusi Md Nor that the state would ban the operation of all gaming shops in the state by not renewing their business licences issued by the local authorities.
Sanusi said besides gambling controls, it would also introduce curbs on the sale of alcohol in rural parts of Kedah.
Syed Iskandar said the state could use its shariah criminal enactment to check on Muslims patronising gambling outlets and buying and drinking alcohol.
“Even on that matter, enforcement must be within the parameters of the Federal Constitution,” he added.
The majority held that no action could be brought against the state — federal or state governments — on constitutional grounds unless he/ she is an aggrieved party.
Syed Iskandar said this in response to the recent announcement by Kedah menteri besar Muhammad Sanusi Md Nor that the state would ban the operation of all gaming shops in the state by not renewing their business licences issued by the local authorities.
Sanusi said besides gambling controls, it would also introduce curbs on the sale of alcohol in rural parts of Kedah.
Syed Iskandar said the state could use its shariah criminal enactment to check on Muslims patronising gambling outlets and buying and drinking alcohol.
“Even on that matter, enforcement must be within the parameters of the Federal Constitution,” he added.
Theoretically , the Constitution provide for equal treatment before the law.
ReplyDeleteUnfortunately, given the very wide discretion local governments have to grant or not to grant licences, it is very difficult to win a legal suit against a local government alleging mala fide reasons for refusing to approve a licence.
They can give any number of excuses.