Can Anina Saadudin challenge the constitutionality of Section 18C?

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Anina Saadudin May Challenge the Constitutionality of Section 18C

The Court of Appeal has ruled that Anina Saadudin is not legally barred from mounting a new challenge concerning the constitutionality of Section 18C of the Societies Act 1966. This decision came as the appellate court dismissed her appeal against Umno's decision to sack her, upholding the High Court's earlier strike-out of her bid to challenge her termination. The court found that internal party decisions are generally considered final and conclusive under Section 18C, precluding direct court challenges.
Dismissal of Appeal Against Party Sacking

The Court of Appeal, in a unanimous decision, affirmed the High Court's ruling that Anina Saadudin's attempt to challenge her dismissal from Umno was invalid. This dismissal was based on Section 18C of the Societies Act 1966, which stipulates that decisions made by political parties are "final and conclusive" and therefore not subject to judicial review. Justice Datuk David Wong Dak Wah, delivering the judgment, clarified that any internal disputes within a political party, regardless of their perceived correctness, cannot be brought before the courts.
Upholding Section 18C's Preclusion of Court Challenges

Section 18C of the Societies Act 1966 is the legal cornerstone preventing the courts from intervening in the internal affairs of political organisations. The Act clearly states that the decisions rendered by a political party are to be treated as final and beyond the scope of judicial scrutiny. Consequently, Anina's initial legal action to contest her termination as a party member was struck out because it fell under the purview of this section, which mandates that such disputes must be resolved outside the judicial system.
No Impediment to Challenging Section 18C's Validity

Despite dismissing Anina's appeal against her sacking, the Court of Appeal explicitly stated that there are no legal obstacles preventing her from initiating a fresh legal action focused on the constitutionality of Section 18C itself. This means that while the court will not entertain challenges to the party's internal decisions based on the current framework of Section 18C, Anina is permitted to question whether the section itself is in line with the law. Her legal team indicated they are considering this avenue, alongside a potential appeal to the Federal Court.
Background of Anina's Dismissal

Anina Saadudin's expulsion from Umno occurred in September of the previous year. Her dismissal followed her decision to file a civil suit against the party president, Datuk Seri Najib Razak, and other senior party officials. This lawsuit was initiated in response to the RM 2.6 billion transfer of funds into Najib's private accounts, a matter that had garnered significant public attention. The court's decision today does not affect the underlying reasons for her expulsion but rather the procedural avenues available for her to seek recourse.

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Can Anina Saadudin challenge the constitutionality of Section 18C?

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