Durian hawker can still lodge complaint to Sarawak ombudsman, says Kota Sentosa rep
Yap (seated second left) speaks to the media during the press conference.
KUCHING (May 16): The aggrieved durian hawker who has to cease business at Padungan seasonal fruit market can lodge a complaint to the Sarawak ombudsman over the local council’s decision, said Kota Sentosa assemblyman Wilfred Yap.
Yap said the ombudsman is part of the government’s system of administrative law to scrutinise the work of the executive branch of the government.
“The Sarawak ombudsman is an independent body and is primarily a guardian of correct behaviour,” said Yap during a press conference at the media room of Sarawak Legislative Assembly complex here yesterday.
The assemblyman explained the ombudsman’s function was to safeguard the interests of the citizens by ensuring administration according to law, discovering instances of maladministration and eliminating defects in administration.
“Methods of enforcement include bringing pressure to bear on the responsible authority, publicising a refusal to rectify injustice or a defective administrative practise, bringing the matter to the attention of the legislature and instigating a criminal prosecution or disciplinary action.”
Alternatively, Yap said the hawker can apply to the High Court for a judicial review on the legality of the council’s decision in ceasing his business.
Thus, Yap said he was appalled to read the Padungan assemblyman Chong Chieng Jen’s statement calling the Sarawak Legislative Assembly’s Speaker Tan Sri Datuk Amar Mohd Asfia Awang Nassar ‘insensitive’ in dismissing his emergency motion about the plight of the durian hawker in the Sarawak Legislative Assembly recently.
When dismissing the motion, Asfia had previously said the facts had indicated the durian hawker was operating illegally at the market and Kuching South City Council (MBKS) was within its authority when issuing a notice to cease business to the hawker.
Meanwhile, during the press conference, Batu Kitang assemblyman Lo Khere Chiang also criticised Chong for creating a big ‘hoo-ha’ over the matter to gain publicity.
Lo said Chong should learn from Batu Lintang assemblyman See Chee How who sought solutions on a previous case involving a hawker through the courts.
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