The Federal Court of Malaysia is set to hear two pivotal legal questions raised by Toh Puan Na'imah Abdul Khalid concerning her asset declaration case. The hearing is scheduled for October 8, 2026.
Na'imah, the widow of former finance minister Tun Daim Zainuddin, faces charges under the Malaysian Anti-Corruption Commission (MACC) Act 2009 for allegedly failing to declare assets, including Menara Ilham and several other properties in Kuala Lumpur and Penang. The charges carry a maximum penalty of five years' imprisonment or a fine of up to RM100,000 upon conviction.
In August 2025, the High Court allowed Na'imah's application to refer eight legal questions related to her case to the Federal Court. However, the Attorney-General's Chambers (AGC) appealed this decision, seeking to block the referral. On September 23, 2025, the AGC filed an appeal against the High Court's decision, and a stay of proceedings was sought. The High Court scheduled a hearing for October 8, 2025, to address the stay application.
The two legal questions to be addressed by the Federal Court are:
1. Whether Sections 30(5) and 36(2) of the MACC Act 2009 infringe upon constitutional rights, including protection against self-incrimination, the right to remain silent, the presumption of innocence, and the right to a fair trial.
2. Whether these sections satisfy the three-fold test of proportionality as outlined in Article 8 of the Federal Constitution.
The outcome of this hearing is crucial, as it will determine whether the legal questions will be referred to the Federal Court for further deliberation. The decision could have significant implications for the charges against Na'imah and the broader application of the MACC Act.
Legal experts and stakeholders are closely monitoring the case, as it may set important precedents regarding the interpretation of anti-corruption laws and constitutional rights in Malaysia.