Tag: judicial review

CONSTITUTIONAL RIGHT- BALLOT BOX VS SOPS: COURT OF APPEAL UPHOLDS CONSTITUTIONAL RIGHT TO VOTE

In Tamileswaaran a/l Ravi Kumar v Suruhanjaya Pilihan Raya Malaysia & Anor [2025] MLJU 2371, the Court of Appeal held that the Election Commission acted unconstitutionally when it barred a COVID-positive voter from casting his ballot under SOPs issued during the Johor State Elections. The Court reaffirmed that the right to vote under Article 119 of the Federal Constitution is a fundamental constitutional right that cannot be curtailed by subsidiary legislation or administrative protocols. While acknowledging a breach, the Court declined to award damages as the Commission acted in good faith under extraordinary public health circumstances.

CONSTITUTIONAL LAW – CITIZENSHIP – CITIZENSHIP DENIED: HIGH COURT REFUSES TO LEGALISE CHILD TRADING

In Ow Man Yaw & Ors v Kementerian Dalam Negeri & Anor [2024] 9 MLJ 77, the High Court dismissed an application for Malaysian citizenship brought by adoptive parents on behalf of a child obtained through an agent. The Court held that the child was not “abandoned” within the meaning of section 19B of the Federal Constitution but was instead the subject of a planned arrangement amounting to child trading. As such, the presumption of citizenship by operation of law could not be invoked. The Court further affirmed that applications under Article 15A rest solely with the Federal Government, beyond judicial intervention. The ruling underscores that the best interests of the child cannot override constitutional requirements or validate unlawful conduct.

LABOUR LAW – CONSTRUCTIVE CLARITY: COURT REINFORCES BOUNDARIES ON EMPLOYER CONDUCT AND EMPLOYEE RIGHTS

In the significant decision of Sudhir a/l AK Kumaren v Industrial Court of Malaysia & Anor [2025] 3 MLJ 698, the Court of Appeal clarified the scope of constructive dismissal, emphasizing employers’ obligations toward transparency and good faith in managing employment relationships. The Court decisively ruled that actions such as compulsory leave, removal of duties without clear justification, and creating ambiguity about an employee’s role amount to a fundamental breach of the employment contract. This judgment highlight the critical importance of mutual trust and communication in employment contracts, reinforcing protection against employer misconduct.

PERSONAL DATA PROTECTION ACT – TOO LATE, TOO LIGHT: GENTING’S DATA PRIVACY CHALLENGE FAILS ON TIMING

In Ketua Pengarah Hasil Dalam Negeri v Genting Malaysia Bhd [2025] 2 MLJ 822, the Court of Appeal overturned a High Court ruling that had favoured Genting’s resistance to a personal data disclosure request. The appeal succeeded not on substantive privacy grounds, but because Genting’s judicial review was filed out of time and targeted what the court deemed a non-reviewable act. While the conflict between tax enforcement and personal data protection remains unresolved, the decision underscores a simple procedural truth: even strong claims can collapse if they miss the clock.

ADMINISTRATIVE LAW – RULES OF NATURAL JUSTICE – RIGHT TO BE HEARD

Can I challenge a decision or a direction made by the governmental authority? What order can I get and how can I get it?