KUALA LUMPUR – The Court of Appeal has granted Sports Toto Malaysia and four other applicants leave to pursue a judicial review against the Perlis government and local council over their refusal to renew licences for lottery business premises in the state.
A panel comprising Justice Zaini Mazlan, Justice Lim Hock Leng and Justice Amarjeet Singh set aside the earlier High Court ruling which had dismissed their bid.
Delivering the court’s decision, Amarjeet said it was evident that the Perlis government had made a clear directive, communicated to the operators through a Kangar Municipal Council letter dated April 27, 2023.
“This notice (letter) revealed that the local council’s decision emanated from a resolution (ketetapan) made by the state government. This resolution was in essence a decision to ban (pool betting businesses in Perlis),” he said.
Amarjeet added that the High Court erred in finding that “no official decision” had been made.
He said that the court found had an arguable case involving a potential breach of the separation of powers and fundamental rights, not merely a policy dispute.
The matter has now been remitted to the Kangar High Court for a full hearing.
Lawyers Brian Foong, Eolanda Yeoh and Hiqmar Danial Hidzir represented Sports Toto and the other applicants, while senior federal counsel Zairani Tugiran appeared for the Attorney-General’s Chambers.
The applicants – STM Lottery Sdn Bhd, Leong Jenn Kiang, Chin Soo Shian, C Santha and Yip Kok Chyun are seeking to quash the Kangar Municipal Council’s decision not to renew their operating licences, which effectively halted their lottery business.
They argued that the issuance of gaming licences falls under federal jurisdiction, making the state authorities’ move irrational, ultra vires their powers, and in violation of the Federal Constitution. -December 11, 2025
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