KUALA LUMPUR (April 27): The government of Malaysia has asked the High Court to strike out a lawsuit filed by civil society and six mothers, who are married to foreigners, for their overseas-born children to have the right to become Malaysian citizens.
Among the grounds cited for the striking out of the application were that the suit, which was filed by way of an originating summons, was scandalous, frivolous and vexatious and an abuse of court process.
Senior Federal Counsel Ahmad Hanir Hambaly, who acted for the government, said that under the Federal Constitution in relation to children born outside of Malaysia, it was crystal clear that only those born to a Malaysian father would be entitled to citizenship by operation of law.
“Thus, the plaintiffs failed to demonstrate that their right at law has been adversely affected or prejudiced by the act of the defendant (government).
“No legal right can possibly be affected when they do not exist. The plaintiffs’ claim is obviously unsustainable,” he said during the hearing of the Attorney-General Chambers’ (AGC) application to strike out the suit before Judge Datuk Akhtar Tahir.
On Dec 18, 2020, the suit was filed by Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) president Suriani Kempe and six other Malaysian women seeking six specific court orders, including a declaration that Section 1(b) and Section 1(c) be read harmoniously with Article 8 (2) to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.
Among other things, they are also seeking a court order for all relevant government agencies including the National Registration Department, Immigration Department and Malaysian embassies, to issue all documents relating to citizenship (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses.
Ahmad Hanir further submitted that Suriani, who is the first plaintiff, had no locus standi to bring and maintain the suit against the government.
“The plaintiff has to be affected substantially or have a genuine interest in the case and that Suriani could not have the required legal standing to file the lawsuit merely because of her role as Family Frontiers’ president,” he said.
Meanwhile, counsel Datuk Dr Gurdial Singh Nijar, representing all the plaintiffs, said in his submissions that if the defendant’s striking out the application is allowed, it would deprive the nation of the opportunity to even vocalise and place before this court, the legal issues surrounding gender discrimination on its merits.
“It is our humble submission that the provisions in our Federal Constitution ought to be interpreted harmoniously and purposively, so as to avoid a situation where Article 8 of the Constitution is rendered meaningless,” he said.
The lawyer also said that the doors of the courts should not be closed to them at this stage and that they should not be denied access to justice, and the High Court should hear their court challenge instead of throwing it out now.
Justice Akhtar set May 6 for its decision on whether the lawsuit by the seven Malaysian women would be struck out, or if it would proceed to hear the court case.
