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just the facts - s32 appeal - aela (malaysia)

  1. 72 Posts.
    Citizens,

    This may be of somewhat more than mere passing interest.

    Below is the appeals provision (s32) of the relevant legislation - AELA (Laws of Malaysia Act 304 AELA 1984 third print 1990):

    32.(1) Any person who is dissatisfied with any decision of the appropriate authority made under this Act may WITHIN 30 DAYS after being notified of such decision give notice of appeal in writing to the Minister in the prescribed manner.

    (2) The Minister shall as soon as is practicable cause to be served on the appellant a written notice specifying the date, time and place at which the appeal is to be heard:

    Provided that the date so specified shall in no case be earlier than thrity days from the date of service of such notice.

    (3) The grounds of appeal shall be submitted to the Minister not less than ten days before the date fixed for the hearing of the appeal.

    (4) At the hearing of the appeal the appellant may be present either in person or by counsel and the Minister MAY CALL FOR SUCH EVIDENCE AS HE THINKS FIT. (Big stumbling block for the appellants here as the appellant's evidence is outright unscientific and no bona fide expert would even dream of backing their essentially politically motivated fight)

    (5) The Minister may, after hearing the appeal, make an order CONFIRMING OR SETTING ASIDE the decision of the appropriate authority or make SUCH OTHER ORDER AS HE THINKS FIT, and the order of the Minister SHALL BE FINAL AND SHALL NOT BE SUBJECT TO ANY APPEAL OR REVIEW IN ANY COURT. (Key point 1)

    (6) ALL PARTIES CONCERNED SHALL GIVE EFFECT TO THE DECISION OF THE MINISTER IN THE MATTER. (Key point 2 and the knockout blow)

    So there you go people we have some facts. What I have just stated is the l-a-w, LAW OF THE LAND. Facts coupled with real, admissible evidence (and not just hearsay and political clap trap) is needed here.

    The shorters and hired protestors may wish to take this information into account in assessing their respective positions. They may even be starting to unwind today, who knows?

    What we as LT holders do know is that crunch time is coming and I believe it is in our favour.
 
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