A recent ruling in Kuala Lumpur has simplified the test for standing (locus standi) in Malaysian public interest litigation cases. The new test developed by the Federal Court means a person will have standing to bring a case before the Court if they have at least a genuine interest in an issue of public importance. The new test removes the requirement that the litigant must show he has had his rights affected by the issue before the Court.
Although the test widens the pool of potential litigants in public interest cases, certain barriers to litigation remain. According to lawyer Syahredzan Johan, the cost of litigation will remain to be a significant hurdle for people ready to pursue matters of public interest before the courts. Furthermore, a flood of litigation is not expected as the court will not entertain potential litigants seeking to go to court for “any flimsy reason”.
Malaysian lawyer, Yusmadi Yusoff believes the new test will have a significant impact on those already engaged in public interest litigation and could prove beneficial to the work of NGOs and activists. The new test arose from the Federal Court’s decision in a suit between a Malaysian Trade Union Congress and the Government of Malaysia. Setting aside the previous test for standing Justice Hasan said “it is not necessary for the applicant to establish infringement of a private right or the suffering of special damage.”
Click here to read an article on the Federal Court’s decision.
Click here for more information on standing and other barriers to public interest litigation in the Irish judicial system.