Application for Leave to sue DBKU and MBKS. LOST

Just lost the case this morning. Court refused to grant the leave to allow the hawkers to sue DBKU and MBKS.

The Sarawak Attorney-General (SAG) was represented by Datuk JC Fong and Joseph Chioh. They objected to the application vehemently. Hard to believe, such a case, about the cancellation of the hawkers' licence, the SAG sent 2 counsels to argue and at leave stage.

Normally, the SAG will not even appear for the hearing of the application for leave. But this time, it seems that the whole machinery of the Sarawak State Government is on full gear to get these hawkers out by 15-6-2008. Something is cooking behind the scene.

We argued for 2 hours before the High Court Judge.

At the end, I think, it was the reluctance on the part of the Judge to interfere with the policy of the government that turned the table in their favour. The fact that there are only 27 out of a total of 300 hawkers taking up the case also plays a part in the his decision-making process. Datuk Fong did faise the issue.

Under our system, government policy is determined by the Executive branch of government (the Cabinet ministers), Court is concerned about the interpretation of the law passed by the Legislative. It is only on rare occasions that the Court interferes with the policy of the Executive. The decision to relocate the market is basically a policy question.

Since the Executive are chosen from the ruling party's state ADUN who are in turn chosen by the people, the people would just have to accept the Executive's policy decision. If the people disagree, then the people will have to vote them out in the next election. It is only through the change in government that we can change the ones who make policy for the State.

As what I can see, so far, the policy of the State government is making only the few super rich and well-connected ones rich and super-rich. I can bet with you, very soon the Gambier Street market area will be cleared for huge project to be carried out. No tender will be called for the award of the project. Only the company related to our political leaders will be the main contractor.