Anwar Ibrahim's Election and Appointment as Prime Minister Challenged in Court

Strategic Insights -

A legal suit has been filed in the High Court challenging the election and appointment of Prime Minister Anwar Ibrahim as Member of Parliament (MP) for Tambun in November 2022 and subsequently as Prime Minister five days later. The suit, filed by lawyer P. Waytha Moorthy, claims that Anwar's 2018 royal pardon did not exempt him from the five-year disqualification period for contesting an election after being released from prison. Waytha, a former minister in Dr Mahathir Mohamad's Cabinet, seeks a declaration that Anwar's election and appointment are null and void.

Key Takeaways:

  • Lawyer P. Waytha Moorthy has filed a suit in the High Court challenging Prime Minister Anwar Ibrahim's election and appointment as MP for Tambun in November 2022 and subsequently as Prime Minister.
  • The suit claims that Anwar's 2018 royal pardon did not exempt him from the five-year disqualification period for contesting an election after being released from prison.
  • The suit seeks a declaration that Anwar's election and appointment are null and void.
  • The court may strike out the suit under the Rules of Court 2012 or under the court's inherent jurisdiction.
  • The powers to strike out actions are conferred by rules of court and the court's inherent jurisdiction, and may be invoked by the parties and employed by the court simultaneously.
  • The discretionary jurisdiction to strike out actions is exercised with the greatest care and circumspection, and only in the clearest cases.
  • A stay or dismissal of proceedings may be required to prevent parties from being harassed and put to expense by frivolous, vexatious, or hopeless litigation.

Statistics:

  • November 2022: Anwar Ibrahim was elected as Member of Parliament (MP) for Tambun.
  • November 2022: Anwar Ibrahim was appointed as Prime Minister five days after being elected as MP.
  • 2018: Anwar Ibrahim received a royal pardon.
  • 2018-2020: P. Waytha Moorthy was a minister in Dr Mahathir Mohamad's Cabinet.
  • Rules of Court 2012: A set of rules governing the court's procedure and powers.
  • Order 18 rule 19(1) and rule 19(3): Rules under which the court may strike out an action under various grounds.

Sources:

  • Rules of Court 2012
  • Malaysian laws and regulations
  • Malay Mail
  • Published by HT Digital Content Services with permission from Malay Mail.