PUTRAJAYA: Expelled Langkawi Wanita Umno member Anina Saadudin lost in her appeal over her expulsion from the party at the Court of Appeal today.
In a unanimous decision, a three-man bench led by justice Datuk David Wong Dak Wah held that Section 18C of the Societies Act 1966 is just and that any decision made under the section must be resolved outside the court.
"Until such time that Section 18C is declared unconstitutional, it remains a good law.
"On these grounds, accordingly the appeal is dismissed with cost," the judge ruled.
In his judgement, Wong said the decision of a political party in accordance to Section 18C shall be final and conclusive and it could not be challenged against, quashed, reviewed, appealed against or called in question of any court.
"In simple words, any decision in Section 18C rightly or wrongly is not subjected to be heard at the court. It must be resolved outside," he said adding that no court should have the jurisdiction to entertain disputes concerning affairs of a political party."
The court ordered Anina to pay RM10,000 as cost to the respondents.
The other two judges presiding were justices Datuk Dr Badariah Sahamid and Harmindar Singh Dhaliwa.
Anina was appealing against the Kuala Lumpur High Court's decision which allowed a striking-out application by Umno secretary-general Tengku Adnan Tengku Mansor and Umno executive secretary Datuk Ab Rauf Yusoh who were the respondents in the case.
On Dec 7, last year, the KL High Court ruled that the courts have no jurisdiction to hear the dispute concerning her termination as an Umno member as per Section 18C of the Societies Act 1966.
Anina filed the suit on Sept 11, 2015, against Tengku Adnan and Rauf for an order that the two termination letters issued by Tengku Adnan be declared invalid, and therefore, have no effect on her membership.
Her membership from the party was terminated after she sued Umno president Datuk Seri Najib Razak and Rauf on behalf of Umno over the RM2.6 billion donation issue on August 28, last year.
Anina was represented by counsel Mohamed Haniff Khatri Abdulla while the respondents were respresented by counsel Datuk Mohd Hafarizam Harun.