KUALA LUMPUR: The government raised a preliminary objection on the grounds of “non-justifiability” before the judicial review, filed by three non-governmental organisations to stop it from signing the Trans Pacific Partnership Agreement (TPPA).
Senior federal counsel Shamsul Bolhassan said he raised a preliminary objection before Justice Asmabi Mohamed in chambers on Tuesday. “We raised an issue of non-justifiability before the proper leave hearing.”
“The preliminary objection the government brought up means the courts have no jurisdiction to decide on government policy decisions and treaties,” he told reporters, adding that judicial review cannot quash the government’s decision.
Lawyer Haniff Khatri Abdulla, representing the three NGOs (ABIM, UNGGAS, TERAS), said the court directed the applicants and respondents to file in written submissions on the point raised.
“The next date was fixed on January 12 for argument,” he said.
On November 4, ABIM, UNGGAS and TERAS filed a judicial review against the government to stop them from signing the TPPA.
The judicial review was filed to compel the government to release all TPPA agreements and relevant documents to them and the general public, a declaration that TPPA provisions will amount to be in breach of the Federal Constitution, and an order to prohibit the government from signing the TPPA.