Malaysian Gambling Outlets Overturn Kedah State Ban in High Court Ruling

Several gambling outlets in the Malaysian state of Kedah have successfully overturned the local government’s ban on their operations. On June 20th, the High Court in Alor Setar, the state capital, granted these operators’ judicial review applications against the state’s decision. In response, the Kedah state government has already filed an appeal to stay this decision.

On November 14th, 2021, Menteri Besar (Chief Minister) Datuk Seri Muhammad Sanusi Md Nor announced that Kedah would cease issuing and renewing gambling licenses in an effort to create a gambling-free state. He also intended to restrict alcohol sales, particularly in rural areas.

In one judicial review, STM Lottery SDN BHD argued that the state’s decision was illegal, irrational, and unconstitutional, failing to consider Kedah’s multi-ethnic population. They contended that only the federal government has the authority to regulate gambling under Articles 74 and 75 of the Federal Constitution.

Various district councils, along with the Kedah government and Sanusi, were named as respondents in the legal action. Since January 2023, Kedah has shut down all its 45 gaming outlets, following the example of similar bans in Kelantan and Terengganu, implemented since 1990 and 2020, respectively.

By fLEXI tEAM