MUDA deputy resident Amira Aisya Abd Aziz has taken the Registrar of Societies (ROS) to court, alleging that she has been unjustly blacklisted by the regulatory body.
In her legal challenge, filed nearly two months ago at the Kuala Lumpur High Court, Amira argued that this blacklist would hinder her involvement in MUDA and other non-governmental organisations (NGOs) focused on women’s empowerment and gender equality.
Amira’s affidavit dated July 13 stated that she learned about the blacklist through an email from ROS on April 18. She was informed that her application along with those of other activists, to register the NGO Persatuan Impak Wanita Malaysia (PIWM or Malaysian Women Impact Association) had been rejected due to her blacklist status.
The ROS specified that her intended role as the chairperson of the proposed women’s empowerment group was disallowed due to her blacklist.
“As far as I know, the email from Selangor ROS dated April 18 is the first time that I have knowledge and/or been notified of the ROS decision to blacklist the applicant. I was shocked that the respondent had done this,” Malaysiakini quoted Amira as saying.
Further investigations using her MyKad number on the ROS’ official website confirmed the blacklist’s existence, preventing her from holding positions in any association.
Amira argued that the blacklist, effective since Oct 28, 2022, under Section 13(1)(c)(iv) of the Societies Act 1966 was not legally justified. She presumed that it might be linked to her previous role as secretary at the NGO Persatuan Ekonomi Merdeka between Aug 3, 2017 and Oct 19, 2022.
During that time, the Selangor State Insolvency Department cancelled the registration of Persatuan Ekonomi Merdeka and directed Amira and other committee members to submit documents about the association.
Although Amira disagreed with the cancellation of Persatuan Ekonomi Merdeka’s registration, she cooperated with the state insolvency authority and did not appeal the decision due to practical reasons.
“Despite what happened with Persatuan Ekonomi Merdeka, I am advised by my legal counsel and verily believe that this does not empower the respondent (ROS) under the law to blacklist me from holding any position in any other associations,” she said.
Moreover, Amira contended that the blacklist infringed upon her fundamental right to form associations as guaranteed by Article 10(1)(c) of the Federal Constitution.
She also noted the negative impact this would have on her political career with MUDA and her involvement in causes like women’s rights, education, and the environment.
The activist maintained that the Societies Act did not grant ROS the power to indefinitely blacklist individuals from holding positions in associations.
Furthermore, she also claimed that the decision was unreasonable and based on irrelevant considerations and she emphasised that she was denied the opportunity to present her case before the blacklist decision was made.
Amira’s legal counsel Lim Wei Jiet confirmed that the court had on Aug 17 granted her leave to proceed with the judicial review.
The Attorney-General’s Chambers (AGC) representing ROS raised no objections. The case is set for further case management on Sept 14. The legal action is deemed essential to determine if ROS has exceeded its authority under the Societies Act.
The AGC’s letter dated Aug 16 notified them that they had no objections to Amira’s judicial review leave application, allowing for a full trial of the legal action at a later stage. – Sept 1, 2023
Main photo credit: Malay Mail
