Former Bersatu chairman and prime minister Dr Mahathir Mohamad and five others’ interim injunction to maintain the status quo pending the disposal of their main legal action against their sacking will be heard this Thursday at 4.30pm.
Counsel Mohamed Haniff Khatri Abdulla told the media on Friday that the current interlocutory application sought, among others, “certain injunction prayers to maintain the status quo of all parties and Bersatu until disposal of trial”.
“Our firm had also, yesterday, June 11, 2020, filed a notice of application for the purpose of seeking several interim injunction orders, which is believed should be expedited, before hearing of the writ of summons action (main suit) is disposed of at the court,” he said.
The five other plaintiffs were former party deputy president Mukhriz Mahathir, former party youth chief Syed Saddiq Syed Abdul Rahman, former supreme council members Maszlee Malik and Amiruddin Hamzah, and former secretary-general Marzuki Yahya.
The political party Bersatu was listed as the seventh plaintiff.
The defendants named in the interim injunction application were current Bersatu chairman and sitting prime minister Muhyiddin Yassin, Bersatu secretary-general Hamzah Zainuddin, Registrar of Societies director-general Masyati Abang Ibrahim and Bersatu organising secretary Muhammad Suhaimi Yahya.
Haniff also said they served the cause papers for the main legal action on all the defendants today, and the main suit has been fixed for case management on July 9.
The main suit consists of 26 court orders that Mahathir and his allies are seeking to challenge, including compensation:
1) A declaration that Mahathir was the legitimate chairman of Bersatu who won uncontested for the position in Bersatu’s first election.
2) A declaration that Mukhriz was a member and deputy president of Bersatu who will contest for the position in Bersatu’s maiden election.
3) A declaration that Syed Saddiq was a member and chief of Armada Bersatu and is a candidate for that position in the forthcoming party election.
4) A declaration that Mazlee was a legitimate member of Bersatu and would be a candidate for the upcoming party election for a position in the supreme council.
5) A declaration that Amiruddin was a legitimate party member and would contest for the vice president position in the upcoming party election.
6) A declaration that Marzuki was the legitimate party secretary-general and would contest the position of deputy president in the party polls.
7) A declaration that the termination letters of the six plaintiffs which were signed by Masyati on May 28 and endorsed by the supreme council were null and void ab initio.
8) A declaration that the letter sent by Muhammad Suhaimi on May 5 stating that Mahathir was not the chairman of Bersatu and the letter signed by Masyati on May 19 and the related endorsement by the supreme council on June 4 was illegal and void ab initio.
9) A declaration that Muhyiddin’s letter on March 18 to Marzuki removing him as secretary-general of Bersatu and the endorsement by the supreme council on June 4 was illegal and void ab initio.
10) A declaration that Muhyiddin’s membership in Bersatu on Feb 28 and/or Feb 29 according to Clause 10.2.3 of Bersatu’s constitution is void.
11) A declaration that Hamzah’s membership in Bersatu was void from March 9.
12) A declaration that Muhammad Suhaimi’s membership was void from May 1.
13) A declaration that the membership of all Bersatu members who hold the position of minister or deputy minister, political secretaries, special officers, appointments in federal agencies or GLCs are void from March 1 or the date of their appointments.
14) A declaration that Muhyiddin was not the legitimate acting chairman of Bersatu from Feb 24.
15) A declaration that any action, order or decision of the supreme council that was made by the supreme council under the chairmanship of Muhyiddin since Feb 24 was null and void.
16) A declaration that Hamzah’s appointment as party secretary-general was null and void
17) A declaration that any action, decision or order made under Hamzah’s capacity as secretary-general was null and void.
18) A declaration that all decisions, rulings or changes in registration relating to Bersatu by Muhyiddin, Hamzah and Muhammad Suhaimi and Masyati either individually or collectively or through their officers and agents since Feb 23 were illegal.
19) A mandatory injunction order to Muhyiddin, Hamzah and Masyati to prohibit to call for any Bersatu meeting or to take any action or decision from the filing of this application until this application is heard.
20) A mandatory injunction order to Muhyiddin, Hamzah and Masyati to prohibit them to register or to correct or to change the registration documents of Bersatu unless with a court order.
21) A mandatory injunction order to the Registrar of Societies to register or make corrections or rectifications to the registration documents of Bersatu as ordered by the court immediately.
22) A declaration that Section 18C of Societies Act 1966 (i) is not invoked or applicable to obstruct the settlement by the court on this matter and (ii) not in contravention or ultra vires to Article 121 of the Federal Constitution on inherent jurisdiction which is specifically placed in the court and the judicial system.
23) A declaration that Clause 10.2.6 of Bersatu’s constitution is not invoked and not applicable to the background of 60 matters laid out in this action to terminate the memberships of all the plaintiffs.
24) General damages to be assessed by the court and 5% interest from the date of the filing of this action until full settlement of the matter to be paid by Muhyiddin, Hamzah, Masyati and Muhammad Suhaimi to the plaintiffs.
25) The costs for this action.
26) Any other reliefs or orders deemed as just and fair by the court.
