The High Court in Kuala Lumpur today dismissed the challenge brought by Angkatan Belia Islam Malaysia (Abim) and two other NGOs to stop the government from signing the controversial Trans-Pacific Partnership Agreement (TPPA)

This comes after Justice Hanipah Farikullah refused to grant leave for their judicial review application .

"The agreement has not been signed yet and the matter is non-justiciable," she ruled in chambers.

Basically, non-justiciable means the matter is not capable of being determined by a court of law.

Justice Hanipah also did not award costs to the government after senior federal counsel Shamsul Bol Hassan said the respondents are not asking for it.

Despite the surprising decision today, the NGOs pledged to hold a peaceful protest against the TPPA on Jan 23.

Their lawyer, Hanif Khatri Abdulla, said he would seek further instructions on the next course of action.

Abim, through its president Mohamad Raimi Ab Rahim, along with Nurfitri Amir Muhammad of Urusetia Menangani Gejala Sosial (Unggas) and Ahmad Tarmizi Sulaiman from Persatuan Pendidikan dan Kebajikan Melayu Malaysia (Teras), named Prime Minister Najib Abdul Razak, International Trade and Industry Minister and the government as respondents.

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 will go against the Federal Constitution.

Seking order to prohibit signing of TPPA

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

The Attorney-General’s Chambers last month filed its objection to the leave application on grounds that the issue is non-justiciable as it involves a policy matter and an international treaty.

Asked whether it would file a notice of appeal and also file a stay of today's decision, Hanif ( photo ) said it was not possible as among the prayers or declarations sought was to stop the government from signing the TPPA.

“We are following the procedures of law on this, where we sought to halt the government from signing the controversial agreement. But the court found we would have to wait until it is signed and by that time, it will be too late.

“We will see the full judgment and if my clients decide to appeal, we will appeal the whole decision,” Hanif said.

The lawyer added that there is a high possibility that the NGOs will file another application after the government signs the TPPA.

Raimi said he was surprised by the manner in which the decision was made, with the court ruling the matter as non-justiciable.

He argued that the court, as the ultimate interpreter of the constitution, should have the jurisdiction to decide that the agreement goes against the Federal Constitution.

'Rights of everyone infringed'

“As the TPPA infringes on the right of each and everyone, the court should decide and hear the merits of the case.

“Abim and other NGOs filed the application to make sure that Malaysians have an opportunity to challenge the signing of the TPPA, for the fora and dialogues held showed that the agreement is not favourable for Malaysia,” Raimi said.

Amanah deputy president Salahudin Ayub, who was also present, said with the court rejecting their right, there was no other legal avenue left for the rakyat to challenge the TPPA.

“We will ask our members to mobilise for the protest on Jan 23,” Salahudin said.

Former PAS vice-president Mahfuz Omar, who is also Pokok Sena MP said what will happen at the special sitting of Parliament on the TPPA, slated for Jan 26 and 27, would just be a ‘sandiwara’ (a show).

“The BN MPs will not object to the signing of the agreement as they are bound to the party whip. We are saddened that our objections and the challenge mounted in court are rejected,” Mahfuz said.