Sports Toto, gaming operators seek leave to reinstate judicial review bid against Perlis over license halt

23/05/2024

Malay Mail

KUALA LUMPUR, May 23 — A licensed number forecast operator and four others are seeking leave at the Court of Appeal to commence a legal challenge against the Perlis state government’s decision to halt license renewal for gaming outlets in the state capital.

STM Lottery Sdn Bhd — previously known as Sports Toto Malaysia Sdn Bhd — and four individuals want the court to quash the state government’s decision in denying their business premises license renewal in Kangar.

The four others are license holders for the collection, operation or promotion of pool betting in Perlis as authorised by the Finance Ministry under the Pool Betting Act 1967.

In court documents sighted by Malay Mail, STM Lottery and the four others claimed the state government’s decision was irrational and contravened the Federal Constitution.

They argued that matters involving betting and lottery are within the federal government’s scope of List I, Item 4(I) of the Ninth Schedule of the Federal Constitution and therefore do fall not under state jurisdiction.

“Licensed pool betting is an activity regulated by the Pool Betting Act and is a legal activity to be carried out and participated by non-Muslim individuals, subject to compliance with the provisions of the Pool Betting Act.

“The respondents have exceeded their jurisdiction in making the resolution as betting and lottery activities are matters in the Federal List under List I, Item 4 (I) of the Ninth Schedule of the Federal Constitution and not matters within the State List under List II of the Federal Constitution,” they said.

They also pointed out that the Finance Ministry granted yearly licenses to them to operate their businesses but were forced to shut down by the state government via the Kangar Municipal Council in an issued notice dated April 27, 2023.

People buying lottery numbers at the Sports Toto shop in Selayang Baru, May 22, 2024. Toto is one of the main legal lottery companies in Malaysia May 22, 2024. In court documents sighted by ‘Malay Mail’, STM Lottery and the four others claimed the state government’s decision was irrational and contravened the Federal Constitution. — Picture by Hari Anggara

Notwithstanding the April 27 notice, they pointed out that all pool betting licenses issued by the Finance Ministry for operation at the affected premises were only due to expire on December 31, 2023.

They also argued that pursuant to the state government’s decision, they have lost their source of income and being restricted of their livelihood including suffering loss of time and costs invested in the business operations.

“The applicants (STM Lottery and four others) suffered loss of income and were restricted from their livelihood.

“Employees have also lost their jobs and are restricted from their livelihood due to their employment being subject to the business as the premises,” they said.

Subsequent to the state government’s directive, they further claimed the Perlis government’s decision had also affected non-Muslims’ rights and individual freedom in the state as guaranteed in the Federal Constitution.

The suit named as respondents the Perlis government, Perlis Menteri Besar Mohd Shukri Ramli, state exco Fakhrul Anwar Ismail, and the Kangar Municipal Council president.

The Kangar High Court had on January 11 dismissed their application to initiate judicial review.

This prompted STM Lottery and four others to file an appeal on February 5 to obtain leave to reinstate their judicial review bid to the Court of Appeal.

A case management has been fixed for July 4.

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