Voters can sue politicians to stop undemocratic change of govt, say lawyers

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Two lawyers say a recent Federal Court ruling opens an avenue for voters to use the court as a check and balance against politicians who abuse power for private gain. FMTNews DewanRakyat

MPs are elected to the Dewan Rakyat to champion the interests of their constituents, says lawyer Syed Iskandar Syed Jaafar Al Mahdzar.

He added that aggrieved voters need not wait for a by-election or general election to punish those who abuse their positions for private interest. “So the avenue via the court will be a sort of check and balance against misfit politicians, instead of waiting to send a strong message through the ballot box,” he said.

Federal Court judge Nallini Pathmanathan, who delivered the verdict of a seven-member bench on Tuesday, held that a prime minister or any other minister is a public officer under Section 5 of the Government Proceedings Act 1956. She said this tort served to protect the reasonable expectation of citizens that a public officer would not intentionally injure a member of the public through deliberate and unlawful conduct in the exercise of public functions.

 

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