Federal Court rules Penang has no power to set up PPS

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Judge says that there is no provision in the Local Gov't Act allowing for the establishment of the unit.

The Federal Court today ruled that the Penang government has no power to set up the Voluntary Patrol Unit .

"In our view, the respondent's reliance on Section 9 and paragraph 101 of the Local Government Act as the legal basis for the establishment of PPS is not supported by the facts and the law." “The establishment of a body with the stated objective of undertaking community policing is certainly outside the executive powers of the state.

“To enable members of the public to participate and assist in the maintenance of public order, Parliament had enacted laws such as the Rukun Tetangga Act 2012 and Malaysia Voluntary Organisations Act 2012," she said.Zaharah said that Section 6 of the Societies Act requires every society to be registered before its members can take part in any activity.

The Court of Appeal in 2017 ruled in favour of the Penang government and declared that PPS was lawfully established.

 

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