The Court of Appeal today dismissed an appeal for leave for judicial review by Muslim Youth Movement of Malaysia (Abim) and two other NGOs to stop the government from signing the controversial Trans-Pacific Partnership Agreement (TPPA).

This came after the appellate court found that the treaty is not against the Federal Constitution.

The decision was made by a three-member bench led by Justice Rohana Yusof. The other judges were Justice Vernon Ong and Justice Abdul Rahman Sebli.

Justice Abdul Rahman, who read the unanimous judgment, said the court took cognisance of the fact that government policies sometimes involve non-legal matters and hence it was not proper to pass judgment.

“The judges do not possess the necessary information and expertise to evaluate the non-legal factors and to pass judgment on the appropriateness or adequacy of a particular policy,” the judge said.

“Where the policy or action of the executive is inconsistent with the (Federal) Constitution and the law or in any manner arbitrary, irrational or there are elements of mala fides and abuse of power, the court is duty-bound to interfere. Whether the court should interfere clearly depends on the facts and circumstances of each case.

“On the facts and circumstances of this case, we are inclined to agree that the decision is not amenable for judicial review,” Abdul Rahman said.

With this, the court dismissed the appeal for leave.

'Stop signing TPPA'

It was reported on Jan 12 that the High Court in Kuala Lumpur had refused to grant leave for their judicial review application by Abim and the two other NGOs.

The TPPA was signed in New Zealand on Feb 4 this year.

Representatives from Abim, Urusetia Menangani Gejala Sosial (Unggas) and Persatuan Pendidikan dan Kebajikan Melayu Malaysia (Teras) named Prime Minister Najib Abdul Razak as a respondent in the judicial review application.

Also named as respondents were the International Trade and Industry Minister and the government.

The three representatives are Mohamad Raimi Ab Rahim (Abim), Nurfitri Amir Muhammad (Unggas) and Ahmad Tarmizi Sulaiman (Teras).

They are seeking an order to compel the respondents to present to them 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.

The NGOs are also 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.

Responding to today's decision, lawyer Mohd Haniff Khatri Abdulla said they will appeal the matter at the Federal Court.

Senior federal counsel Shamsul Bolhassan represented the respondents in the case.