The cancellation of a society's registration under the Societies Act 1966 is valid if it adheres to the statutory requirements and does not infringe upon fundamental rights.

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] On 30 September 2019, the Registrar of Societies ("ROS") cancelled the registration of HINDRAF, a nongovernmental organisation under s 13(1)(c)(iv) of the Societies Act 1966 for contravening provisions of the society's own constitution. (Hereinafter for brevity, all sections refer to the ). The society appealed to the Minister of Home Affairs ("the Minister") against the cancellation under s 18 of the Societies Act. On 7 August 2020, the Minister did not allow the appeal and confirmed the cancellation of the registration.

[2] The society, through its chairman, resorted to judicial review seeking an order of certiorari to quash the decision by the Minister followed by orders of mandamus compelling the Minister to allow the appeal by rejecting the decision of the ROS and an order directing the ROS to restore the registration of the society.

[3] On 29 January 2024, I dismissed the judicial review application. The reasons for my decision are as follows.

Background Facts

[4] The registration of the society was cancelled under s 13(1)(c)(iv). Under paragraph (1)(c)(iv) of s 13, the ROS is empowered to cancel the registration of a registered society if he is satisfied that the society has wilfully contravened, among others, any provision of the constitution or rules of the society. However, before making the cancellation of registration, the ROS is required, by virtue of, s 13(2), to notify one or more of the office-bearers of the society of his intention to cancel the registration of the society and give the said office-bearer or office-bearers an opportunity to submit reasons in writing within thirty days from the date of the notification why the registration of the society should not be cancelled.

[5] In the instant case, one Nurul Azhar bin Husin ("Nurul Azhar"), who is an Assistant Registrar of Societies and the Director of the Department of the Registrar of Societies Selangor issued the requisite notification to the chairman of the applicant and made the decision canceling the registration of the society. He was appointed by the Minister under s 3(1A). Then, pursuant to the express power conferred on the ROS by s 3B, the ROS delegated his powers to Nurul Azhar. It was pursuant to this delegation of powers that Nurul Azhar cancelled the registration of the society.

[6] On 15 July 2019, Nurul Azhar issued a notification under s 13(2) to the chairman of the society informing him of his intention to cancel the registration of the society on four specific breaches of the society's constitution. It is to be noted, that according to the constitution of the society, its registered address is Klang, Selangor. This would bring the society under the purview of the Department of the Registrar of Societies Selangor.

[7] The notification also informed that the applicant was given until 15 August 2019 to submit reasons in writing why the registration of the society should not be cancelled. The breaches of the provisions of the society's constitution identified in the notification were that of cls 7(12), 8(5), 10(2) and 10(4).

[8] The applicant sought for extension of time and further details regarding the years for which the alleged breaches occurred, which Nurul Azhar allowed in the letter dated 13 September 2019 and identified the years the breaches occurred. The specific breaches were re-drafted as follows:

(i) Clause 7(12): failure of the secretary general of the society to cause to be issued to the secretaries of branches/state the seven days of the convening of the annual general meeting of delegates ("AGM") after the registration of the society from 2013 to 2018;

(ii) Clause 8(5): the central committee failed to conduct at least eight meetings in a year and failed to issue the requisite notice calling for the meeting at least 7 days before convening the same for years 2013 to 2018;

(iii) Clause 10(2): the society's financial statement for years 2013, 2014, December 2015, and December 2016