KoSong: Are promises in a GE manifesto legally binding?

How should we judge a government?

In Malaysia, if you don't watch television or read newspapers, you are uninformed; but if you do, you are misinformed!

"If you're not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who are doing the oppressing." - Malcolm X

Never argue with stupid people, they will drag you down to their level and then beat you with experience - Mark Twain

Why we should be against censorship in a court of law: Publicity is the very soul of justice … it keeps the judge himself, while trying, under trial. - Jeremy Bentham

"Our government is like a baby's alimentary canal, with a happy appetite at one end and no

responsibility at the other. " - Ronald Reagan

Saturday, March 16, 2013

Are promises in a GE manifesto legally binding?

According to a Malay Mail online news report:

3,011 single mothers sue Selangor govt

"A TOTAL of 3,011 single mothers today filed a suit against the Selangor government demanding it to pay them a total of RM16.26 million in allowance due to them as promised by the opposition pact in its 2008 general election manifesto.

The women, led by Selangor Single Mothers Association chairman Murtini Kasman filed the suit through Mssrs Kamarudin & Partners at the High Court here.

They named the Selangor government, made of Parti Keadilan Rakyat (PKR), PAS and DAP, as the first defendant and Menteri Besar Tan Sri Abdul Khalid Ibrahim, who is the chief executive of the state, as the second defendant.

The plaintiffs claimed that they were victims of discrimination practised by the state government as it failed to fulfill its promise to pay the allowance after taking over the state in 2008.

They said the state government was also being irrational when it refused to give any explanations on its failure to pay the allowance.

The 3,011 plaintiffs are demanding to be paid single mothers allowance of RM100 a month for 54 months (from April 1, 2008 till Oct 30, 2012), bringing the total to RM16.26 million.

They are also applying for a court order to compel the first defendant to create a scheme to be known as Selangor Single Mothers Aid Scheme which should be managed by a state department or agency.

The plaintiff also applying for a declaration defining single mother as a woman above the age of 18 who is divorced, a widow, a sole bread winner in family, or not living with spouse..."

More:
http://www.mmail.com.my/story/3011-single-mothers-sue-selangor-govt-40513

At our breakfast discussion, a friend asked if promises made in a political party's manifesto is legally binding. Most of us laymen believe those were only promises and therefore not binding, much like MOUs or Memoranda of Understanding. The best recourse would be, not to vote that particular party again. One friend even went further by asking if those single mothers actually voted for the Pakatan parties in the last GE! It should be interesting if only this information is available. Whatever it is, the lawyer representing them is having the time of his life, being given national news coverage on several occasions.

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