The Federal Court ruled that the Penang state 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,” said Justice Zaharah, who delivered the decision of the Federal Court five-man bench in the appeal by the Federal Government.
“The establishment of a body with the stated objective of undertaking community policing is certainly outside the state’s executive powers. “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 added.
In 2016, the Penang High Court dismissed the state government’s judicial review, ruling that the PPS was unlawful because it was not registered under the Societies Act.
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