Several recent Court of Appeal decisions have made it almost impossible to challenge the Election Commission’s redelineation proposals in court, according to lawyer Syahredzan Johan.
This is despite the redelineation proposals giving rise to allegations of malapportionment and gerrymandering.
As Syahredzan noted, the Court of Appeal had ruled on Aug 14 that the EC’s redelineation proposal was not a decision, and hence cannot be subjected to judicial review.
Another Court of Appeal decision on July 18 had reinforced this position.
“When the court held that these proposals are not decision, and cannot be judicially reviewed because they are merely proposals, the question is: When can an aggrieved party bring a matter to court?..