KUALA LUMPUR, Jan 13 – Three non- governmental organisations (NGOs) had failed to obtain the leave for judicial review in their bid to prevent the government from signing the Trans-Pacific Partnership Agreement (TPPA). High Court Judge Datuk Hanipah Farikullah dismissed the application by the three NGOs, namely the Muslim Youth Movement of Malaysia (ABIM), Urusetia Menangani Gejala Sosial (Unggas Malaysia) and the Malay Education and Welfare Association of Malaysia (TERAS) to obtain leave for the TPPA judicial review.
In the meantime, she made the decision in chambers after allowing a preliminary objection by the Attorney General’s Chambers to the application of the three NGOs in the presence of senior federal counsel Shamsul Bolhassan and lawyer Mohamed Haniff Khatri Abdulla.
Shamsul represented Prime Minister Datuk Seri Najib Tun Razak, Minister of International Trade and Industry and the Malaysian government (the respondents) while Mohamed Haniff acted on behalf of ABIM. Abim was represented by its president Mohamad Raimi Abd Rahim, UNGGAS Malaysia by its president Nurfitri Amir Muhammad and TERAS by its vice-president Ahmad Tarmizi Sulaiman
Mohamed Haniff told reporters that the court dismissed the application on the grounds that the government has yet to sign the agreement and therefore, it is non-justiciable. She said that the judge in the oral decision said that since the agreement had not been signed, the court rejected the application of the three applicants (NGOs) for leave for judicial review. She also added that the court did not make any order as to costs.
The lawyer said he would seek instructions from his client whether to file an appeal against the decision in the Court of Appeal. The three representatives of the NGOs that filed the petition on Nov 4 last year, asked the court to issue a prohibition order to prevent the three respondents from signing the TPPA agreement until the disposal of the review.
The NGOs also sought a declaration that the signing of the TPPA was unconstitutional and could undermine the sovereignty of the country. Apart from Malaysia, countries involved in the TPPA negotiations were the United States, Australia, Brunei, Chile, Japan, Canada, Mexico, New Zealand, Peru, Singapore and Vietnam.
