Amira, the Puteri Wangsa assemblyman in Johor, is asking the court to quash the decision of RoS on the matter and issue a declaration that the Societies Act 1966 does not confer on the regulatory body the power to bar anyone from office.
She filed her application for leave to commence judicial review proceedings on July 13. The application was allowed by the Kuala Lumpur High Court on Aug 17 after the attorney-general did not object to it.
Senior federal counsel Ahmad Hanir Hambaly said a case management has been fixed on Sept 14.
In her affidavit in support of the application, Amira alleged that she found out about her blacklisting through an email from the RoS dated April 18.
The email was sent to notify her and several other activists of the RoS’ refusal to register another civil society, Persatuan Impak Wanita Malaysia (Malaysian Women Impact Association).
Amira said the rejection was because of her nomination as pro tem chairman of the proposed society.
“I believe we had submitted all the information and documents that were required by the RoS,” she said.
She said further checks using her MyKad number on the RoS’ web portal confirmed the blacklisting.
Amira said the blacklist took effect on Oct 28 last year, purportedly under Section 13(1)(c)(iv) of the Act. The provision gives the RoS power to revoke the registration of a society if it has wilfully contravened the Act or its related regulations.
She claimed, however, that the blacklisting, which has no legal basis, may have been related to her role as the secretary of another society, Persatuan Ekonomi Merdeka (PEM), between Aug 3, 2017 and Oct 19 last year.
Amira claimed that the RoS had on Oct 19 last year revoked PEM’s registration on the recommendation of the insolvency department. It also directed that she and other committee members furnish documents about the association.
She said they gave their full cooperation to the insolvency department’s Selangor branch despite disagreeing with the cancellation of PEM’s registration.
She alleged that the blacklisting has violated her fundamental right to form an association as guaranteed under Article 10(1)(c) of the Federal Constitution.
She said she was prejudiced by the RoS’ actions as the blacklist would prevent her from contesting and holding a position in Muda. It will also prevent her from setting up any association to fight for women’s rights, education and the environment.
Amira contended that the decision by the RoS to blacklist her is unreasonable and based on irrelevant considerations.