A judicial review application was filed today for Prime Minister Najib Abdul Razak and two others to disclose the Trans-Pacific Partnership Agreement (TPPA) and to stop them from signing the controversial trade pact.

Three individuals representing three different non-governmental organisations filed the application in the High Court in Kuala Lumpur today and named Najib, the international trade and industry minister and government as the respondents.

The three are Mohamad Raimi Abdul Rahim from Angkatan Belia Islam Malaysia (Abim), Nurfitri Amir Muhammad of Urusetia Menangani Gejala Sosial (Unggas) and Ahmad Tarmizi Sulaiman from Persatuan Pendidikan dan Kebajikan Melayu Malaysia (Teras) .

They filed the review application at 1pm today through the firm of Hanif Khatri Abdullah.

All three are seeking an order to compel the respondents to present to them with a copy of the TPPA agreement, and other related documents, and a declaration from the court that signing the agreement goes against the federal constitution.

The NGOs are seeking an order to suspend the government's ratification of the TPPA and a prohibition order for the three respondents or their agents from signing the agreement and other relief deemed fit by the court.

It was reported that on Oct 5, the ministers from the TPPA participating countries had concluded their discussions on the TPPA but have yet to sign the treaty.

The NGOs claim the signing of the agreement would affect the sovereignty of the country, is ultra vires (beyond the powers) allowed by the federal constitution and would reduce the law and judicial systems of the country.

Deadline of 90 days

They also claim that the agreement had to be signed within 90 days from the conclusion of the discussions.

The NGOs noted that the Malaysian minister concerned had in an interview carried by Mingguan Malaysia had said there was no need for the TPPA to get Parliament's nod.

They also claimed that the International Trade and Industry Minister (II) Ong Ka Chuan had said the debate on the TPPA cannot be carried out during the current Parliament session.

This raised concern that the agreement will be signed without it being brought to Parliament for debate to enable it to meet the 90-day deadline.

Hence, they claimed that whatever decision arrived at by Parliament may not be binding on all three respondents as it could have bypassed the 90-day period and that if the agreement goes through, it would affect the provisions related to -

  • investor-state dispute settlement,
  • intellectual property,
  • prohibition on capital investment, limitation to government-linked corporations and also,
  • limit the government's revenue.