
While the Kuching High Court ruled in 2008 that JPJ could not do so, Loke pointed out that the Court of Appeal had set aside the decision in 2012.
“The Court of Appeal’s decision meant that JPJ’s actions of barring the renewal of one’s driver’s licence or road tax (over outstanding summonses) is legitimate and right under the law,” he said in a written parliamentary reply.
He added that Section 119B of the Road Transport Act permitted the JPJ director to bar any transaction related to the Act if there were any unresolved cases or matters related to the breach of any of its provisions.
“Sections 17 and 29 of the Act, as well as the Commercial Vehicles Licensing Board Act 1987, also provides JPJ with the authority to take similar actions,” said Loke.
He was replying to Ngeh Koo Ham (PH-Beruas) who asked why JPJ could take such actions when the court had decided previously that the department was not allowed to do so.
In his question to the minister, Ngeh did not detail the specific court decision.