Kuala Lumpur, May 26, 2025
The Kedah Gambling License Ban has become the center of a heated legal debate as the Court of Appeal convened to review the state’s authority to halt license renewals for pool betting and lottery operators. The case challenges the legality of the Kedah state government’s decision to cease renewing business premises licenses from January 1, 2023.
Kedah state legal adviser Saifulrijal Azhari defended the move, stating that the Kedah Gambling License Ban falls squarely within state jurisdiction. He argued that decisions on business premises licenses do not interfere with the federal government’s domain, making the action legally sound.
The appeal stems from an earlier ruling by the Alor Setar High Court in June 2024, which declared the ban “illegal and irrational” in response to applications from six pool betting companies and agents.
Jurisdictional Clash: Federal vs State
At the heart of the dispute is whether the Kedah Gambling License Ban violates the Pool Betting Act 1967, under which these operators hold valid licenses issued by the Ministry of Finance. Lawyers for the betting companies argue that the state is effectively overriding federal law, amounting to a de facto gambling ban.
“You can’t override federal licenses by denying local permits. The state’s actions undermine the constitutional balance,” said lawyer Brian Foong Mun Loong.
Saifulrijal countered by citing Item Four of the State List, asserting that local authority matters — including premises licensing — lie under state control. He further noted that such policy decisions are not typically justiciable in court.
Outcome Pending
The Kedah Gambling License Ban now awaits a final verdict from the Court of Appeal panel, led by Datuk Azizah Nawawi, Datuk Faizah Jamaludin, and Datuk Dr Lim Hock Leng, who have reserved their judgment.
This case could redefine how far Malaysian states can go in regulating gambling activities within their borders — and whether federal approval alone is enough to guarantee operational continuity.
For full source material, refer to the original article by The Edge.
