Sabah ban on Ambiga beyond court’s powers, says appeals court

Source: FMT News

Court of Appeal is bound by Federal Court ruling in 2002 with material facts and issues being same as in Ambiga’s case, says justice Mohd Zawawi Salleh. Pic from FMT News.

PUTRAJAYA: Former Malaysian Bar president Ambiga Sreenivasan’s travel ban to Sabah was upheld because Malaysia’s highest court had in 2002 ruled that the judiciary cannot inquire why such a decision was made, the Court of Appeal said.

A three-man bench chaired by justice Mohd Zawawi Salleh said Section 59A(1) of the Immigration Act was drafted for the exclusion of judicial review in any court of any act done or any decision made by the home minister.

Zawawi said even the decision of the immigration department’s director-general or the authority of Sabah and Sarawak could not be questioned except for non-procedural compliance.

“In our view, the words of Section 59A(1) are clear and support the conclusion that the jurisdiction of the court is ousted. Therefore, the intention of Parliament to exclude judicial review is clearly manifested,” Zawawi said in delivering the court’s judgment. Read more