Kayveas gagal dapat kebenaran cabar kepimpinan myPPP

M Kayveas, former president of the People's Progressive Party (myPPP), failed to secure justice to initiate legal proceedings against the election of Maglin Dennis D’Cruz as the party's former president. A three-judge panel of the High Court Appeal Court unanimously rejected his appeal against the decision of the Federal Court on November 20, 2023, which denied his petition to obtain relief to commence legal proceedings.

The Attorney-General opposed Kayveas' petition, stating that his primary claim should not be heard. Earlier this year, the High Court also allowed J Loga Bala Mohan, who had taken over leadership of the party from D’Cruz two years ago, to contest Kayveas' claim as a public officer. The panel ordered Kayveas to pay RM30,000 each to Loga Bala and the Attorney-General.

Hock Leng, who delivered the judgment, stated that the dispute concerned the internal management of the political party and therefore could not be reviewed by the court under Section 18C of the Corporate Law 1966. Kayveas requested that the decision communicated through a Ministry of Home Affairs official via a letter dated April 11, 2023, formally recognizing Maglin as president of myPPP and validating the party's petition, be canceled.

The relevant party had previously had its registration cancelled by the Malaysian Companies Registration Department (JPPM). Kayveas' main argument was that the letter was not signed by the Minister of Home Affairs but by a Ministry official instead. However, Hock Leng clarified that the decision was made by the Minister when the letter was read in full.

The court also rejected Kayveas' appeal on other grounds, including his ineligibility as a bankrupt. The court accepted his argument that he had ceased to be a member of myPPP in 2018 following a two-judge majority ruling at the party's highest meeting. The panel also referred to Regulation 30.4 of the myPPP Constitution, which stated that a member who raises a matter related to the party in court automatically ceases to be a member.

They also referred to Regulation 30.4, which stated that a member who raises a matter related to the party in court automatically ceases to be a member. Kayveas' proposed remedies, including a declaration, were deemed personal despite his claim that the proceedings were filed for the public interest and to protect constitutional rights.

"As a non-member and bankrupt who has not been discharged, he has no right to hold office," Hock Leng said. The panel also agreed that an order mandamus could not be granted under the Companies Act. Kayveas was represented by Manoharan Malayalam and Ganendra Manoharan, while the Attorney-General was represented by Nurhafizza Azizan and Muhairi Noh. Loga Bala was represented by Gavin Jayapal and Parveena Kaur.