Mahkamah Persekutuan kekal keputusan Kedah tak boleh sekat lesen judi, loteri

The Federal Court has upheld a Kedah state decision denying renewal of licenses for gaming establishments and lotteries. The five-member Federal Court panel ruled that the state government did not meet the necessary threshold to be considered for a court review. The case focused on whether the court had jurisdiction to examine the state government's decision and the extent of state power under the Federal Constitution.

Judges Collin Lawrence Sequerah and Azmi Ariffin joined Rhodzariah Bujang in the majority decision. The court ordered the Kedah government to pay RM50,000 in legal costs. In December last year, the Federal Court majority decision found that Kedah's action in rejecting the renewal of licenses for several gambling entities, companies, and their employees was not corporate.

According to the court, gambling and lottery matters fall under the jurisdiction of the Ministry of Finance as the licenses, permits, and gaming operators are issued and monitored by the ministry. The court also ruled that the state government's reluctance to renew the licenses for gaming premises breached the federal jurisdiction and undermined the power of the finance minister.

The court reminded the state government that its authority is limited to matters listed in the Ninth Schedule of the Federal Constitution and the Local Government Act 1976. However, the Attorney-General of Sabah and Sarawak, Azizah Nawawi, argued that the state government's decision to issue and renew business licenses falls within its statutory authority under the Local Government Act, and the court should not interfere.

Kedah's Attorney-General, Azhar Harun, represented the state government, while Brian Foong, Hiqmar Danial Hidzir, and Eolanda Yeo represented the gambling entities, companies, and their employees.