Does political party’s “Aku Janji” infringe the right to freedom of association ?

By Enrolled Barrister and Solicitor of the New Zealand High Court and Advocate of the High Court of Sabah and Sarawak Bob Munang


KOTA KINABALU: I am unable to give you a detailed answer whether a political party’s _akujanji_ to all its members are in violation to the right to freedom of association provided under the Federal Constitution. Bear in mind though that the right to freedom of association can be limited by law. So the effect of the _akujanji_ will have to be examined and scrutinised in a more detailed manner if a more detailed argument is required.

Without the benefit of more information and a more detailed scrutiny, my personal view is that, the _akujanji_ is an internal matter which governs the members of the organisation such as a political party.

For any registered organisation to function effectively and in line with its objectives, there must be some sort of rules and regulations which all members must adhere to otherwise it defeats the very purpose of a group of people forming an association to pursue and further their objectives.

So the issue of freedom of association in respect of the _akujanji_ does not arise and arguably not an infringement of one’s right to freedom of association.

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