KUALA LUMPUR (Nov 21): The High Court has fixed March 6, 2026, to hear the Malaysian Anti-Corruption Commission’s application for a prohibitory order against former finance minister Tun Daim Zainuddin’s widow, Toh Puan Na'imah Abdul Khalid, their children, and related companies from dealing with assets based in Singapore.
High Court Judge Datuk Mohd Arief Emran Arifin on Friday has also allowed Na’imah, her children, and related companies, to intervene in the hearing and participate in the MACC’s application, and for it to be heard inter-partes (involving both sides).
In addition, the judge allowed Na’imah and the others’ application to bar the media from reporting the details of the assets concerned.
Arief Emran allowed Na’imah’s application to what was initially an ex-parte (one-sided) application, after the prosecution told the court that it did not object to the other party to hearing its application.
However, Deputy Public Prosecutor Mahadi Abdul Jumaat, acting for the MACC, left it to the court to decide on Na’imah and the others’ application to bar the media from reporting the details of what the MACC wants prohibited.
The hearing on Friday was supposed to hear Na’imah and the others’ bid to intervene in the MACC prohibitory application to be heard ex-parte. However, since no objections were made by the MACC, the court allowed the application.
Datuk Dr Gurdial Singh Nijar, who appeared with Nizamuddin Abdul Hamid and Abraham Au for Na’imah and the other applicants, thanked the prosecution on this matter.
Prior to this, it was reported that the MACC had sought prohibitory orders against Na’imah and others in various foreign jurisdictions under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA).
Feb 3 hearing on questions of law
Arief Emran also fixed Feb 3, 2026, to hear Na’imah’s application to formulate questions of law to be asked at the Federal Court, with regard to her challenge on the constitutionality of her charge of failure to declare her assets to the MACC.
This follows a decision made in August by then-High Court judge K Muniandy to allow Na’imah’s revision against the Sessions Court’s decision, which had initially not allowed for the referral question matter to go up to the High Court for deliberation on whether allow the questions to be referred to the apex court.
Arief Emran replaces Muniandy, who was elevated to the Court of Appeal in October.
Earlier in the day, Arief Emran, who is the son of former chief justice Tun Arifin Zakaria, had asked Gurdial to formulate the constitutional questions for the court’s consideration.
The prosecution team for that matter, led by DPP Law Chin How who appeared with DPPs Ahmad Faisal Mohd Hasni, Mohd Fadhli Mohd Zamri and Maziah Mohaidee, tried to explain that Muniandy had not decided on whether to submit the questions to the Federal Court, and wanted the High Court to hear submissions on the matter first.
Arief Emran said the prosecution is entitled to make the submissions, which he will hear, and his court would also hear the formulation of the questions which he had asked Gurdial and his defence team to do on Friday.
“I am not stopping the parties,” he said.
On Aug 21, Muniandy had allowed Na’imah’s revision on her challenge on the constitutionality of the charge (for failing to declare her assets to the MACC), ruling that her application was not frivolous, but rather, contained significant questions which needed to be further deliberated.
"The applicant's challenge is not merely a technical or a procedural matter, but strikes at the heart of the balance between the state's power in a criminal investigation by the MACC and the fundamental liberties enshrined in the Federal Constitution.
“The outcome of this case will have a profound impact on the rights of individuals called as witnesses, including the applicant, in MACC investigations, and will further define the limits of state power under our Supreme Law, the Federal Constitution," Muniandy had said.
Na'imah was charged in January last year under Section 36(2) of the MACC Act for failure to declare her assets.
Among the 12 assets that she had not declared were a Mercedes Benz EQC400 and Mercedes Benz 500 SL AUTO series, seven properties in Kuala Lumpur and one in Penang, and Ilham Tower Sdn Bhd and Ilham Baru Sdn Bhd. She has claimed trial.
Her case at the Sessions Court, which has yet to start, is also fixed for mention on Feb 3, 2026.