STATE Legislative Assembly (DUN) Speaker Tan Sri Datuk Amar Mohamad Asfia Awang Nassar dismissed the emergency motion filed by Chong Chieng Jen (DAP-Padungan) seeking a review of Kuching South City Council’s (MBKS) decision to bar a durian hawker from trading at the Padungan Seasoned Fruit Market.
In his ruling, Asfia stressed the fact of the case, that the durian hawker Ignatius Anthony Ang Kai Lun had operated without a valid licence, specifically noted in MBKS’s notice as “selling Musang King durian without a licence from MBKS at the market”.
“Notwithstanding the so called claim that he had been trading with a daily licence for years, nonetheless, the fact remains, he is selling the fruits without proper and legitimate notice.
“It is therefore against public policy of MBKS to allow illegal hawker without licence to sell durian at the MBKS market,” he said in response to Chong’s motion.
The ruling further stated that it is MBKS’s responsibility to uphold regulations, as condoning the illegal practice of selling fruits without licence at the market would flash a wrong signal and triggers widespread illegality.
Furthermore, Asfia noted that the legal process offers a remedy for the hawker through a judicial review under Order 53 of the Rules of Court 2012.
“In any event, the aggrieved hawker has a legal remedy which is to apply to a court for a judicial review to challenge the notice issued on May 10, 2024, instructing the cessation of durian trading and seeking a mandamus order for licensing.
“The period to apply for judicial review has not expired; the hawker himself must seek this personal remedy. Until he does so, the matter is not considered urgent.
“This august house should not encroach on the right of the judiciary which is rested with powers to review administrative decisions. The doctrine of separation of powers among the executive, judiciary, and legislature should be respected.” he said.
The ruling also stated that the emergency motion failed to meet the criteria outlined in Standing Order 15, specifically lacking urgency and significant public importance.
Chong’s motion which was filed yesterday (May 13) stated that on May 10, 2023, Ang received a notice to cease trading in Musang King durian sales without an MBKS licence.
Earlier, on Dec 5, 2023, MBKS requested the removal of a tent at the market. According to Chong, despite attempts for clarification, including a meeting request via Chong’s office, MBKS did not engage with the hawkers.
Chong criticised MBKS for inconsistent notices and lack of transparency, noting the hawker’s long-standing trade and prior compliance with daily licence fees, which MBKS abruptly stopped collecting.
