AUGUST 28 — On August 15, I wrote that the Kedah State’s decision not to renew business licences for pool betting operators was ruled by the Court of Appeal as ‘ultra vires’ the Federal Constitution.
Three days earlier, the Federal Court had dismissed the Kedah State government’s application seeking leave to appeal against the Court of Appeal’s ruling, that had quashed its decision to cease the issuance and renewal of business licences for pool betting operators in the state.
Federal Court Judge Rhodzariah Bujang, who delivered the apex court’s unanimous decision, said that the state government had failed to meet the threshold requirement under Section 96(a) of the Courts of Judicature Act 1964 for leave to be granted.
In an almost immediate reaction to the apex court decision, Kedah PAS vowed to continue its efforts to eliminate gambling in the state despite the Federal Court putting an end to the state government’s bid to appeal against the Court of Appeal’s decision.
There was no reaction from the Kedah State government until seven days later.
Speaking to reporters after a groundbreaking ceremony for a new student residential college at Sultan Abdul Halim Mu’adzam Shah International Islamic University (UniSHAMS) in Baling, Menteri Besar Datuk Seri Muhammad Sanusi Md Nor said the Kedah government would examine whether it had any legal avenues left to pursue its so-called zero-gambling policy.
“The lawyers will explain what the implications are, what is binding on us, and what we can and cannot do. There may still be another way. God willing, there is a way,” Sanusi said.
It is mind-boggling, therefore, that another seven days later the menteri besar should take aim at DAP lawmaker Ramkarpal Singh, pointedly inviting the MP to deliver a religious lecture to Muslims on the vices of gambling.
Sanusi’s remarks followed comments from Ramkarpal, who urged the state government to focus on educating Muslims against gambling rather than seeking ways to bypass a Federal Court ruling on commercial gaming licences.
Addressing a briefing organised by the Kedah Information Secretariat on the legal hurdles facing the state's gambling ban, Sanusi reiterated that his administration would not abandon its push to eliminate gaming premises.
Hours later, he reportedly hurled insults at Prime Minister Datuk Seri Anwar Ibrahim over the issue of gambling premises licences in the state, prompting the prime minister’s communications director Tunku Nashrul Abaidah to hit back at the Menteri Besar.
If only Sanusi had waited for the state government’s lawyers to explain what the implications of the Federal Court’s decision are, what is binding on the state government, and what the state government can and cannot do.
The following is what Court of Appeal Judge Faizah Jamaludin said about the unconstitutionality of the state’s government refusal of a premises licence to a pool betting operator in the state:
“This [decision] should not be overstated. It does not mean that every refusal of a premises licence to a pool betting operator is unconstitutional. A local authority may refuse a licence on legitimate premises-based grounds — planning, zoning, safety, public health, nuisance, traffic, building non-compliance, or other matters genuinely falling within local government competence.
“What it may not do is adopt a blanket policy whose object and effect are to prohibit throughout the state the operation of an activity licensed under a federal statute in a federal field.”
If only Sanusi had waited to be advised on “legitimate premises-based grounds”.
There is no need to take aims and hurl insults.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
