MARCH 10 — Home Minister Saifuddin Nasution Ismail has been much vilified for using his ministerial power to exempt Umno from a clause in the Societies Act 1966 (Act 832), allowing the party to forgo elections for its top two posts.

On Wednesday, he said that the decision to grant exemption to Umno was pursuant to Section 70 of the Act.

He said it in the Dewan Rakyat when winding up the debate on the Supply Bill 2023 for the Home Affairs Ministry.

Later Saifuddin told reporters in the lobby of the Parliament building that if Umno members who brought the issue to the Registrar of Societies (RoS) before this were not satisfied with the decision, they could take it to court.

"Party members, after taking the case to RoS and are still not satisfied with its decision or the minister’s, can take it to court. The process is that he has to give the basis of his statement, prepare an affidavit, then name who is the defendant,” he added.

The fact that Parliament has given the minister discretion that is even absolute does not necessarily immunise the Minister’s decision from judicial review.

The Minister can still be held to have committed an error of law in the exercise of the discretion if the decision in question can be challenged on the ground of ‘illegality, irrationality, procedural impropriety and proportionality’.

Kudos to Saifuddin for acknowledging that the exercise of his discretion can be challenged in court. It is justiciable.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.