Mohammed Aziz v Pertubohan Kebangsaan Melayu Singapura: Breach of Natural Justice in Expulsion from Political Party

In Mohammed Aziz Bin Ibrahim and Another v Pertubohan Kebangsaan Melayu Singapura, the Singapore High Court ruled in favor of Mohammed Aziz Bin Ibrahim and Mohamed Rahizan Bin Yaacob, declaring their expulsion from Pertubohan Kebangsaan Melayu Singapura (PKMS) null and void due to a breach of natural justice. The court found that PKMS failed to provide adequate notice and opportunity for the plaintiffs to defend themselves against the charges leading to their expulsion. The plaintiffs sought a declaration that their expulsion was invalid and that they remained members of PKMS. The court granted the declaration and awarded costs to the plaintiffs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiffs

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court declares PKMS's expulsion of Mohammed Aziz and Mohamed Rahizan null due to breach of natural justice, upholding their membership.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Mohammed Aziz Bin IbrahimPlaintiffIndividualDeclaration GrantedWon
Mohamed Rahizan Bin YaacobPlaintiffIndividualDeclaration GrantedWon
Pertubohan Kebangsaan Melayu SingapuraDefendantAssociationClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Ramesh AppooJust Law LLC
Zaminder Singh GillHilborne and Co

4. Facts

  1. The plaintiffs were expelled from PKMS on 9 June 2003.
  2. The plaintiffs were not given adequate notice of the charges against them.
  3. The plaintiffs were not given sufficient time to prepare their defense.
  4. The Disciplinary Committee proceeded with the inquiry in the absence of the plaintiffs.
  5. The letter of 29 May 2003 did not contain particulars of the allegations made against the plaintiffs.
  6. PKMS took an unfair position regarding the plaintiffs’ right of appeal.
  7. The first plaintiff is a tenant of PKMS, renting a commercial unit.

5. Formal Citations

  1. Mohammed Aziz Bin Ibrahim and Another v Pertubohan Kebangsaan Melayu Singapura, OS 953/2003, [2003] SGHC 282

6. Timeline

DateEvent
Mohammed Aziz Bin Ibrahim joined PKMS.
Mohamed Rahizan Bin Yaacob joined PKMS.
PKMS sent letters to the plaintiffs regarding termination of membership.
Plaintiffs' solicitors wrote to PKMS regarding the breach of natural justice.
Plaintiffs were summoned to appear before the Disciplinary Committee on 23 May 2003.
Plaintiffs' solicitors replied, pointing out that the rules of natural justice had again not been observed.
PKMS’ Disciplinary Committee met and considered the plaintiffs’ case in their absence.
Mr Muhamad Ali Aman, the secretary general of PKMS, wrote to the plaintiffs to summon them to appear before the party’s Supreme Council.
Plaintiffs’ solicitors wrote to PKMS to complain that the rules of natural justice had not been complied with.
The Supreme Council of PKMS discussed the charges against the plaintiffs in their absence.
Plaintiffs were expelled from PKMS.
A letter was despatched to the plaintiffs to inform them that they had been expelled by the Supreme Council on the previous day.
PKMS’ solicitors demanded that the first plaintiff vacate No 218C Changi Road.
Plaintiffs’ solicitors alleged that the decision to expel the plaintiffs was fundamentally flawed.
The first plaintiff obtained an interim injunction to protect his rights with respect to his tenancy.
PKMS informed the plaintiffs that the party’s Supreme Council had decided to announce “their automatic expulsion from PKMS by virtue of Article 18 sub-section 6 of the PKMS Constitution”.
Decision Date

7. Legal Issues

  1. Breach of Natural Justice
    • Outcome: The court held that the expulsion of the plaintiffs was in breach of the rules of natural justice.
    • Category: Substantive
    • Sub-Issues:
      • Inadequate notice of charges
      • Insufficient time to prepare a defense
      • Bias of Disciplinary Committee
    • Related Cases:
      • [1949] 1 All ER 109
  2. Exhaustion of Internal Remedies
    • Outcome: The court held that the plaintiffs were not required to exhaust their internal remedies before instituting legal proceedings.
    • Category: Procedural
    • Related Cases:
      • [1951] 2 All ER 435
      • [1961] 27 MLJ 63
      • [1961] AC 945
      • [1965] 1 All ER 353
      • [1965-1968] SLR 820
      • [1994] 1 SLR 278

8. Remedies Sought

  1. Declaration that expulsion is null and void
  2. Declaration that plaintiffs are still PKMS members

9. Cause of Actions

  • Breach of Natural Justice
  • Wrongful Expulsion

10. Practice Areas

  • Civil Litigation

11. Industries

  • Politics

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Russell v Duke of Norfolk & OrsN/AYes[1949] 1 All ER 109N/ACited for the principle that the requirements of natural justice depend on the circumstances of the case.
White v KuzychN/AYes[1951] 2 All ER 435N/ACited regarding the exhaustion of internal remedies before seeking legal recourse, but distinguished due to an express oath.
Tharmalingam v SambanthanN/AYes[1961] 27 MLJ 63MalaysiaCited regarding the exhaustion of internal remedies before seeking legal recourse, but distinguished due to specific constitutional provisions.
Annamunthodo v Oilfields Workers’ Traders UnionN/AYes[1961] AC 945N/ACited in reference to the 'special circumstances' in White v Kuzych.
Lawlor v Union of Post OfficeN/AYes[1965] 1 All ER 353N/ACited regarding the exhaustion of internal remedies before seeking legal recourse, and distinguished from White v Kuzych.
Visvasam v Singapore Toddy Tappers’ UnionN/AYes[1965-1968] SLR 820SingaporeCited regarding the exhaustion of internal remedies before seeking legal recourse, and distinguished from White v Kuzych.
Chiam See Tong v Singapore Democratic PartyN/AYes[1994] 1 SLR 278SingaporeCited regarding the exhaustion of internal remedies before seeking legal recourse, and distinguished from White v Kuzych.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Natural Justice
  • Expulsion
  • Political Party
  • Disciplinary Committee
  • Supreme Council
  • Internal Remedies
  • Membership Rights

15.2 Keywords

  • natural justice
  • expulsion
  • political party
  • PKMS
  • singapore
  • natural justice breach

17. Areas of Law

Area NameRelevance Score
Natural justice90
Administrative Law75
Corporate Law20
Contracts10

16. Subjects

  • Administrative Law
  • Constitutional Law
  • Political Parties Law