FMT:
Sports Toto, 4 others get leave to challenge Perlis govt on licence non-renewal
4 hours ago
Ho Kit Yen
Court of Appeal finds that the applicants have an arguable case on constitutional and procedural grounds, and sends the case back to the Kangar High Court for a full hearing
The Court of Appeal allowed Sports Toto and four others to challenge the Perlis government over licence non-renewals.
PUTRAJAYA: The Court of Appeal has granted leave to Sports Toto Malaysia and four others to pursue a judicial review against the Perlis government and local council over their decision not to renew the licences for their business premises.
A three-judge panel led by Justice Zaini Mazlan, sitting with Justices Lim Hock Leng and Amarjeet Singh, set aside the lower court ruling that had denied their judicial review application.
Amarjeet, who delivered the court’s decision, said the Perlis government had clearly made a decision, which was communicated to Sports Toto and the others via a Kangar Municipal Council letter dated April 27, 2023.
“This notice (letter) revealed that the local council’s decision emanated from a resolution (ketetapan) made by the state government. This resolution was in essence a decision to ban (pool betting businesses in Perlis),” he said.
Amarjeet said the High Court was wrong to rule that “no official decision” had been made.
He said the court found that the applicants had an arguable case involving a potential breach of the separation of powers and fundamental rights, not merely a policy dispute.
The panel then remitted the case back to the Kangar High Court for hearing.
Lawyers Brian Foong, Eolanda Yeoh and Hiqmar Danial Hidzir appeared for Sports Toto and the other applicants while senior federal counsel Zairani Tugiran represented the Attorney-General’s Chambers.
The applicants – STM Lottery Sdn Bhd, Leong Jenn Kiang, Chin Soo Shian, C Santha and Yip Kok Chyun – had sought to quash the Kangar Municipal Council’s decision not to renew the licences for their business premises, thereby preventing them from operating their lottery business.
They argued that matters relating to the issuance of gaming licences were within the purview of federal law.
For that reason, they said the state authorities’ decision was irrational, ultra vires the powers vested in the municipal council and state government, and contravened the Federal Constitution.
A three-judge panel led by Justice Zaini Mazlan, sitting with Justices Lim Hock Leng and Amarjeet Singh, set aside the lower court ruling that had denied their judicial review application.
Amarjeet, who delivered the court’s decision, said the Perlis government had clearly made a decision, which was communicated to Sports Toto and the others via a Kangar Municipal Council letter dated April 27, 2023.
“This notice (letter) revealed that the local council’s decision emanated from a resolution (ketetapan) made by the state government. This resolution was in essence a decision to ban (pool betting businesses in Perlis),” he said.
Amarjeet said the High Court was wrong to rule that “no official decision” had been made.
He said the court found that the applicants had an arguable case involving a potential breach of the separation of powers and fundamental rights, not merely a policy dispute.
The panel then remitted the case back to the Kangar High Court for hearing.
Lawyers Brian Foong, Eolanda Yeoh and Hiqmar Danial Hidzir appeared for Sports Toto and the other applicants while senior federal counsel Zairani Tugiran represented the Attorney-General’s Chambers.
The applicants – STM Lottery Sdn Bhd, Leong Jenn Kiang, Chin Soo Shian, C Santha and Yip Kok Chyun – had sought to quash the Kangar Municipal Council’s decision not to renew the licences for their business premises, thereby preventing them from operating their lottery business.
They argued that matters relating to the issuance of gaming licences were within the purview of federal law.
For that reason, they said the state authorities’ decision was irrational, ultra vires the powers vested in the municipal council and state government, and contravened the Federal Constitution.
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