Andrew Loh / Editor-in-Chief, publichouse.sg
Richard Wan / Editor, Temasek Review Emeritus
Mdm Vellama Marie Muthu’s case in the courts – to seek the courts to declare that the prime minister does not have unfettered discretion in deciding when to call by-elections – is not one which affects her alone. Mdm Vellama, who is a resident of Hougang where the parliamentary seat had been vacated, fought the case on behalf of all Singaporeans.
Her contention was that the prime minister does not, in effect, have the power to deny citizens parliamentary representation by his arbitrary and unfettered discretionary powers to call by-elections in seats which have been vacated for any reasons.
It is hoped that with a positive ruling from the High Court, cases such as these can be prevented in future:
• In 1983, when the Havelock seat became vacant, then PM Lee Kuan Yew said: “There is no reason why the people of Havelock should have a by-election. There is no reason why anybody should be looking after Havelock under the Constitution. There is no reason at all.”
• In Nov 1986, the Anson seat was vacated after WP MP, JB Jeyaretnam, was disqualified from holding the seat. In his answer to opposition member Chiam See Tong’s query in Parliament, Minister S Dhanabalan said then: “He [JB Jeyaretnam] has been convicted of a criminal offence and fined and sent to jail. They [Anson constituents] have to learn to live with the consequences of their choice.”
• And in Dec 1986, the Geylang West seat became vacant after its MP, Teh Cheang Wan, committed suicide. Then DPM Goh Chok Tong explained that there would be no by-election in the ward because the government was “contemplating introducing a Bill to form Town Councils.”
While the courts have ruled that she had no case and have dismissed her application, nonetheless the latest ruling by Justice Pillai on Friday (2 Nov) – that she will not be made to pay costs for bringing the case to the courts even if she loses – is a significant one.
In his ruling (‘Hougang by-election case: Historic decision by Justice Pillai‘), Justice Pillai determined that this public law issue was a matter of general importance. The judge also said that “where a matter raises a legal question of genuine public concern, it may be inappropriate to make a cost order against the applicant even where the judicial review is unsuccessful.”
The Attorney General had earlier wanted the courts to order Mdm Vellama to pay $10,000 in costs since her application was dismissed.
The ruling is a victory of sorts for citizens who bring cases of public interest before the courts. Hence, in future, citizens will not be prevented from doing so because of fear of having to pay crippling costs if they lose.
“It’s important that ordinary people don’t bottle up their frustrations in their hearts,” Mdm Vellama said in reaction to Justice Pillai’s decision, “but they must bring these issues out to society through the courts.”
Since she brought the case to the courts in Mar through her counsel Mr M Ravi, Mdm Vellama has stuck resolutely to her position, determined that as a Singaporean citizen, she should not be denied the right to elect her parliamentary representative. It is not known for sure if her court application had prompted the PM to in fact, call a by-election in the vacated seat of Hougang eventually, but the case certainly brought into focus the ruling party’s historical record of preferring not to hold by-elections as described above. Mdm Vellama’s case may now have changed this preference of the ruling party.
“Many housewives whom I meet at the wet market are now cheering me on,” Mdm Vellama said.
But taking on such cases is not an easy thing to do, especially for someone like Mdm Vellama who does not have a highly-paid job, and who still depends on help schemes to get by.
Without the help of lawyer M Ravi who took on her case pro-bono, she would not have been able to raise the matter in the courts.
Mr Ravi himself has had to pay for the costs himself, which amounts to thousands of dollars. The current costs – which include mainly court filing fees – already amounts to $3,000. With the case now going to the appeals court (‘Hougang by-election case: Appeal filed against High Court’s decision‘), a further $3,000 would be incurred for appeals court filings.
“I am extremely elated to know that I’ve got this protection from the court,” Mdm Vellam said on Friday. “However, I may need some public support to continue this effort to the Court of Appeal on behalf of the public due to the expense of filing fees which are accumulating and anticipated to reach about $6000.”
Often, such battles are fought individually; often the hard work is kept from the public eye. Mr Ravi, for example, has spent days and nights working on the case, which is only one of several which he has taken up pro bono. While we may cheer and express our support from afar, by writing articles or posting comments online, perhaps it is time for us to put our money where our mouths are and do one better – and show our support by donating to the cause.
She does not fight for herself. She fights on our behalf. We should not let her carry the burden alone.
It’s time for us to do our part.
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Editor's note:
1. TRE is not collecting donations on behalf of Mdm Vellama as we do not have the means to do so. All contributions should be deposited directly into her POSB account 405098440 (Vellama d/o Marie Muthu) or contact her counsel Mr M Ravi (mravilaw1@gmail.com or +65 6533-7433) from the law firm of Messer L. F. Violet Netto for enquiries.
2. Previously, it has been estimated that a sum of $50,000 may be required (‘Mdm Vellama appeals for legal fund in respect of Hougang by-election case appeal‘) because cost payments were taken into account assuming Mdm Vellama loses both the High Court and Appeals Court cases and was ordered to pay costs. But now with the new ruling from Justice Pillai, litigants will be protected from paying costs should he or she loses the court case when it is fought for public interests. Hence, Mdm Vellama needs not worry about paying costs anymore even if she loses the appeal. The only legal fees she has to content with are the filing fees. Mr M Ravi said he will continue to represent her on pro-bono basis even for the appeal process. So, his fees are waived. Hence, it appears that she will only need to contend with the $6,000 filing fees.
3. In the previous appeal for fund, Mr Ravi told TRE that a total of $1,280 was deposited into Mdm Vellama’s account. Hence, a further $4,720 will still be needed.
4. Some TRE readers have asked if it’s possible for Mr Ravi or his law firm to receive the donations instead. Mr Ravi told TRE that due to strict rules governing the conduct of lawyers in Singapore, it is difficult for Mr Ravi to do so as he will have to account for the money. Hence, giving the money to Mdm Vellama directly so that she in turn pay Mr Ravi’s law firm for the filing charges will be the most clear cut, since Mdm Vellama is Mr Ravi’s client. In any case, please contact Mr Ravi should you have further queries on this issue.