The High Court has fixed Monday to deliver its decision on whether to grant permission for it to hear the full merits of Bersatu's application to review the Registrar of Societies (ROS) decision on April 5 to issue it a provisional dissolution order.

This follows submissions by Bersatu lawyers led by Rosli Dahlan (above) and Senior Federal Counsel Shamsul Bolhassan who made an objection to the leave application before Justice Azizah Nawawi.

It was reported on Monday that Bersatu filed a fresh application against the ROS last Friday to among others set aside the section 14 (5) Societies Act 1966 notice ordering the provisional dissolution of Bersatu and thus alllowing it contest the coming 14th general election as a registered political party.

Rosli told reporters after today's proceeding that evidence was presented to the judge of caretaker home minister Ahmad Zahid Hamidi's bias which led to the RoS taking action and making an appeal to the minister impossible.

"It was argued and evidence was presented about the illegality of making it irrelevant to appeal to the minister. We have given all the evidence that he had directed ROS to take action [...] all the press reports," he said.

The appeal process to the minister, Rosli added, was not triggered because the Section 14 (5) provisional dissolution order was being challenged as illegal since ROS had no power to issue that order when Bersatu had complied and provided the information required under Section 14(2) notice.

"The ROS Director-General Surayati Ibrahim issued the dissolution order because of breaches of Section 14(2) and not because of failure to comply with the notice.

"As such, it is not under Section 14(5) and the appeal procedure to the minister under Section 18 is not triggered," the lawyer said.

Bersatu has mounted a fresh judicial challenge to quash the Registrar of Societies’ 30-day provisional dissolution order, despite being denied leave to challenge Section 14(2) of the Societies Act 1966 last week.

Permanent ban warning

Last Wednesday, the Kuala Lumpur High Court refused to grant Bersatu leave to set aside the ROS notice, on the grounds that the registrar had issued a notice under Section 14(5), which allows for the provisional dissolution of the party.

Justice Kamaludin Md Said had suggested that Bersatu file a new challenge against the relevant subsection if it could not make an appeal to the Home Ministry within the stipulated 30-day period.

Bersatu subsequently filed an application to set aside the notice under Section 14(5) two days later, with secretary-general Shahruddin Md Salleh naming ROS director-general Surayati Ibrahim as the sole respondent.

A certificate of urgency was also filed to expedite the hearing of the application, along with a notice of appeal for Wednesday's decision.

Section 14(2) of the Societies Act states that the registrar can, at any time, order any registered society to furnish various documents, including rules of the society, a complete list of its office bearers of any branch, or other such information deemed necessary.

Section 14(5), meanwhile, states that where the particulars required under subsection (2) are not furnished within the time stated in the order, or any extension thereof allowed by the ROS, the latter may make a provisional order for dissolution of the society.

On April 5, Surayati declared in a press conference that Bersatu’s provisional dissolution would become permanent if it did not comply with the ROS’ request within the stipulated 30-day period.