Court to decide Thurs over Anina’s sacking from Umno
The Court of Appeal adjourned the decision after hearing Anina’s appeal on Monday. “Come back on Thursday, we will deliver our decision,” said Justice David Wong Dak Wah. The other two judges were Justices Badariah Sahamid and Harmindar Singh Dhaliwa.
During submissions, Anina’s lawyer Haniff Khatri Abdulla said the High Court judge had erred in striking out Anina’s lawsuit. “He (Justice S. Nantha Balan) applied Section18C of the Societies Act that states that the decision of political parties was final and cannot be challenged and that he was bound by a higher court ruling that courts have no jurisdiction to determine political party matters,” he said.
“However based on the facts of the case, from the letters and the signature, it raised a doubt if the Umno headquarters can issue the termination letter.”
He added, the court was also wrong in saying that under Section 40, Anina should go to the party to appeal on her sacking, in line with Umno’s constitution. “The remedies were not correct,” said Haniff.
Lawyer Hafarizam Harun, representing Umno Secretary-General Tengku Adnan Tengku Mansor and executive secretary Ab Rauf Jusoh, said that if Anina was questioning the meaning of Section 18C made by Parliament when amending the Societies Act, she should file a fresh challenge at the Federal Court.
Anina sued the Umno secretary-general and executive secretary on September 11 last year to nullify the sacking.
Prior to her termination, Anina filed a lawsuit on August 28 last year against Prime Minister Najib Abdul Razak and the executive secretary on the former defrauding Umno members by receiving RM2.6 billion and using the money without the party’s knowledge.
Subsequently, she was expelled from the party on September 2 for taking the party to court. The membership sacking letter was widely shared on social media.
The High Court struck out her lawsuit on her sacking from Umno.
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