Kedah fails to overturn ruling against refusal to renew pool betting, lottery licences

Kedah's government has been unable to reverse a ruling that prevents it from denying licences to pool betting and lottery operators. According to a report by Free Malaysia Today, a Federal Court panel, led by Justice Rhodzariah Bujang, determined that the state's legal questions were not substantial enough for the court to address.

The panel, comprising Justices Collin Lawrence Sequerah, Azmi Ariffin, and Faizah Jamaluddin, ruled that the Kedah government must pay RM50,000 in legal costs. Last year, the Court of Appeal had ruled that the state government's decision to refuse licence renewals for pool betting agents, their companies, and officers was unconstitutional, asserting that these matters fell under the jurisdiction of the Finance Ministry.

The court emphasized that the Kedah government's actions were not merely about the physical location of the betting and lottery operations but rather reflected a policy objection to such activities. The majority ruling also highlighted that the Kedah government's powers were limited to matters outlined in the Ninth Schedule of the Federal Constitution and the Local Government Act 1976.

Justice Faizah Jamaluddin noted that licences issued by the Finance Minister were subject to stringent federal conditions, including the inclusion of a disclaimer stating that gambling is prohibited for Muslims. Meanwhile, Chief Judge of Sabah and Sarawak, Azizah Nawawi, dissented, stating that the Kedah executive council's decision fell within its legal authority under the Local Government Act, and that the courts should not intervene.