Coram
Rev.Dr. Ezra Kok, JC President
Rev. Dr. Tie King Tai
Mr. George Lau
Rev. Ting Moy Hong
Ms. Jess Ling Jye Sing
Rev. Dr. Lau Hui Ming
Mr. Tan Foong Luen
Mr. Chang Jih Ren
Mrs. Daphne Sebastian Gopal

Declaratory Orders Sought:
a. Whether on the true interpretation of the Constitutional provision of Para 16 Article 1, Sub Para 4 of the Methodist Discipline and taking into consideration Judicial Council Decision No. 3, the provision in disqualifying church members who are 70 years old and above from being elected as Lay members/lay delegates to the Annual Conference in Para 150 of the Rules of Organisation and Administration of the Methodist discipline is ultra vires the Constitutional provision of Para 16 Article 1 Sub Para 4 and members of the local church who are 70 years old and above are therefore eligible to be elected as Lay members/Lay delegates to the Annual Conference having satisfied the requirements for election.

b. Whether in the event of the phrase "nor more than 70 years of age" in Para 150 being held ultra vires Para 16 Article 1 Sub Para 4 and of no effect, the said phrase in Para 150 is invalid not only against the ex-officio steward, the Lay Delegate, but also invalid against (1) other ex-officio stewards who may be affected by the age limitation of 70 years old within the said Para 150 and (2) other provisions which contain a similar clause "not more than 70 years of age" such as Para 149.2, Para 701.2(a), Para 701.3(a) and Para 1104.2 are therefore also ultra vires on the same arguments as in (a) above. Otherwise there will be inconsistencies and discriminations against members by age existing in the Methodist Discipline.

Issue: Whether there is a conflict between the Constitution of The Methodist Church in Malaysia as found in the Methodist Book of Discipline and the Rules of Organisation and Administration of the Methodist Book of Discipline in relation to age limits.

Preliminary issue: Whether the Petitioner had the legal standing to make this Petition to the Judicial Council.

The Judicial Council decided the preliminary issue in the affirmative and went on to hear the Petition.

Orders Made:
(Order (a) made unanimously)
a. That on the true interpretation of the Constitutional provision of Para 16, Article 1, Sub-Para 4 of the Methodist Discipline it was held that Para 150 of the Rules of Organisation and Administration of the Methodist Discipline is ultra vires the said Constitutional provision and it was further held that members of the local church who are 70 years old and above are therefore eligible to be elected as Lay Members/Lay Delegates to the Annual Conference having satisfied the requirements for election.      

(Order (b) made by a majority of 5:4)
• For: Rev. Dr. Ezra Kok, Mr. Tan Foong Luen, Mr. Chang Jih Ren, Ms. Jess Ling Jye Sing, Mrs. Daphne Sebastian Gopal
• Against: Rev. Dr. Tie King Tai, Mr. George Lau, Rev. Ting Moy Hong, Rev. Dr. Lau Hui Ming

b. Having held that Para 150 of the Rules of Organisation and Administration of the Methodist Discipline is ultra vires Para 16, Article 1, Sub-Para 4 of the Methodist Discipline, the Judicial Council further holds that the phrase "not more than 70 years and above" in the said Para 150 is invalid not only against the ex-officio steward, the Lay Delegate, but also invalid against other ex-officio stewards who may be affected by the age limitation of 70 years found in the said Para 150, and any other provisions not being constitutional in nature such as Para 149.2, Para 701.2(a), Para 701.3(a) and Para 1104.2 which contain words of a similar nature which contain limitations of age such as found in Para 150, are also held to be ultra vires based on the arguments against Para 150.

Grounds of Judgement
The Judicial Council firstly decided that the Petitioner had the legal standing to bring this Petition to the Judicial Council. Para 714.2 of the Methodist Book of Discipline (hereinafter referred to as the Discipline) supports this finding.

The Judicial Council then perused Para 16 Article 1 Sub-Para 4 and Para 150 of the Methodist Book of Discipline.

Para 16 Article 1 Sub-Para 4 of the said Discipline provides as follows:
"The lay members other than those listed by office, shall be at least twenty one years of age, and shall have been for the four years preceding their election, members in good standing of The Methodist Church in Ma-laysia."

Para 150 of the said Discipline provides as follows:
"The following officers, if members or affiliate members of the local church, shall be ex-officio stewards during their respective terms of office, and shall exercise all the rights and privileges which belong to the steward in the Methodist Church: the Church Lay Leader, the Lay Delegate of the Annual Conference, the Church Treasurer, the Church School Superintendent, the Chairpersons of the Committee on Stewardship and Finance, Christian Education, Christian Social Concerns, Membership and Evangelism, Missions, Worship and Music, Property Management, and the President of the Methodist Women, the President of the Methodist Seniors Fellowship, the President of Methodist Men, the President of the Methodist Youth Fellowship, the President of the Methodist Adult/Young Adult Fellowship, the Captain of the Boys Brigade, the Captain of the Girls Brigade and the Coordinator of small groups. These officers shall not be less than 21 years of age nor more than 70 years of age with the exception of the Methodist Seniors Fellowship."

Para 16 Article 1 Sub-Para 4 of the said Discipline falls within Part 1 which constitutes the Constitution of the Methodist Church in Malaysia whereas Para 150 of the said Discipline falls within the Rules of Organisation and Administration of The Methodist Church in Malaysia (hereinafter referred to as the said Rules). Both the Constitution and the said Rules come within the Methodist Book of Discipline.

The Judicial Precedent 3 which was cited before us established that any non-constitutional provision that is in conflict with a provision/provisions of the Constitution will be ultra vires the Constitution and will result in the non-constitutionalprovisions being declared invalid to the extent of its inconsistency with the provision/provisions of the Constitution. The said Precedent also cited Judicial Precedent 1 wherein it was held that Part 1 of the Methodist Book of Discipline contains the Constitution of The Methodist Church in Malaysia whereas Parts II to VI are rules for the Organisation and Administration of the said Church.

The Judicial Council was satisfied that Para 16 Article 1 Sub-Para 4 and Para 150 referred to the same categories of persons. Para 16 Article 1 Sub-Para 4 did not impose an upper age limit but Para 150 imposed an upper age limit of 70 years. The inconsistency between the two Para had to be resolved by the use of Judicial Precedent 3 which incorporates a fundamental principle in constitutional law that determines the issue in favour of the constitutional provision.

The Petitioner referred also to Paras 82, 87(1), 87(7) and 90 which deal with, inter alia, equality, rights of the elderly and to the rights and dignity of all persons. Thus, apart from the issue of constitutional inconsistency, Para 150 falls foul of the Social Principles which the Constitution maintains for all. Therefore, on this second premise too, Para 150 was found to be ultra vires the Constitution of The Methodist Church in Malaysia.

Clearly, the provisions in Para 149.2, Para 701.2(a), Para 703(a) and Para 1104.2 that were raised by the Petitioner in the second declaration, save for Para 16 Article 1 Sub-Para 4, are against the tenor of the Paras 82, 87(1) and 90 that highlight the Social Principles that seek to place the elderly in a position of equality as well as dignity. Para 150 and all other similarly worded Para detract from the principles of equality and dignity by putting a fetter on persons who are aged 70 years and above.

As the Petitioner had also requested for a second declaration making all provisions such as those mentioned in the second declaration that contain limitations on the upper age limit to be declared ultra vires the Constitution, the Judicial Council found it necessary to allow the second declaration on the same grounds that it found Para 150 unconstitutional. Thus even if the second declaration makes mention of only a few additional Para that fall foul of the equality Paras that have been highlighted, this Council would state that any other Para in the Methodist Discipline that contains an upper limit on age would fall foul of the equality provisions in the Constitution in the same way that has been decided for Para 149.2, Para 701.2(a), Para 703(a) and Para 1104.2. This ruling will prevent further questions of a similar nature being raised in the future insofar as the second declaration is concerned. For now, it will assist the Petitioner in its work as the Judicial Council agreed that the Petitioner’s future work could be hampered by these provisions that are unconstitutional in nature.

Daphne Sebastian Gopal 
Secretary,
Judicial Council of The Methodist Church in Malaysia. 
21 July 2011