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Sports Toto, 4 others win appeal in Perlis licence battle

Appeals court rules lottery operators have valid case against Perlis govt’s licence refusal decision

PETALING JAYA: Five lottery business operators, including Sports Toto Malaysia, have successfully obtained permission from the Court of Appeal in Putrajaya to challenge the Perlis state government’s refusal to renew their operating licences.

The appellate court, comprising Justices Datuk Zaini Mazlan, Datuk Lim Hock Leng, and Datuk Amarjeet Singh, overturned an earlier High Court decision that had dismissed the judicial review application.

According to FMT, Amarjeet in delivering the court’s ruling stated that the state government had indeed made a definitive decision, which was conveyed through correspondence from the Kangar Municipal Council on April 27, 2023.

According to the judge, the municipal council’s letter indicated that the local authority’s action stemmed from a state government resolution that effectively prohibited pool betting operations in Perlis.

The appellate court found fault with the lower court’s conclusion that no formal decision had been reached by the authorities.

Amarjeet explained that the case raised substantial legal questions concerning the separation of governmental powers and fundamental constitutional rights, elevating it beyond a simple policy disagreement.

The matter has now been referred back to the Kangar High Court for a complete hearing on its merits.

Legal representation for the applicants was provided by Brian Foong, Eolanda Yeoh, and Hiqmar Danial Hidzir, while senior federal counsel Zairani Tugiran appeared on behalf of the Attorney-General’s Chambers.

The five applicants—STM Lottery Sdn Bhd, Leong Jenn Kiang, Chin Soo Shian, C Santha, and Yip Kok Chyun—are seeking to overturn the municipal council’s decision that prevented the renewal of their business premises licences, which has effectively halted their lottery operations.

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