The Penang state government have engaged prominent legal practitioners who are experts on administrative law namely, Tommy Thomas, Dato Malek Imtiaz, Datuk Ambiga Sreenevasan and Puchong MP Gobind Singh Deo to initiate legal proceedings against Home Minister Datuk Seri Ahmad Zahid Hamidi for acting in bad faith and a mala fide manner in declaring the Penang Voluntary Patrol Unit (PPS) an unlawful organisation. PPS was established by the Penang state government 4 years ago and had co-operated with the police for four years without any problems.
The Penang state government will file an application in High Court for a judicial review to obtain a declaration to quash Ahmad Zahid’s pronouncement that included the seizing of its assets and properties as well as ask for damages. Even though PPS have no assets nor properties, this unlawful declaration by Ahmad Zahid has affected the reputation of its members, with baseless allegations that its members threaten peace and public order.
Whilst the Home Minister may have absolute discretion under the Societies Act, his decision and actions can be reviewed by the courts. Kuala Lumpur High Court judge Rohana Yusuf had in 2012, quashed the then Home Minister Datuk Seri Hishammuddin Hussein’s order to declare Bersih 2.0 an illegal entity. She had ruled, “The minister’s order is quashed because Bersih is a lawful society and it was not proven to be a threat to national security, public order and morality”.
Until today, there is neither unofficial communication nor official notice by the Home Ministry that PPS is an unlawful organisation. What types of government are we operating that make orders and directives through press statements and not through official documents? Clearly these politically motivated attacks against PPS, when it functions as a popular grassroots network that inculcates volunteerism and responsible citizenship.
Since 1 September 2014, all PPS members have ceased all activities related to community policing and emergency rescue services. The state government urges all members to remain calm and wait till the case is decided in court. The state government is willing to cooperate with any authority in a peaceful and orderly manner, provided they have written official documentation.