DUN Speaker dismisses Padungan rep’s motion for MBKS to review durian hawker stall’s closure

KUCHING (May 14) The State Legislative Assembly (DUN) has dismissed an emergency motion brought by Chong Chieng Jen (DAP-Padungan) seeking for Kuching South City Council (MBKS) to review its decision to disallow a durian hawker from operating at the Padungan seasonal fruit market.

In his ruling, Speaker Tan Sri Datuk Amar Mohamad Asfia Awang Nassar said the facts of the case pointed to the hawker having been operating illegally at the market and thus, MBKS had to safeguard public interest by taking action.

“Notwithstanding the so-called claim that he has been trading on a daily licence for a number of years, the fact remains that he was selling fruits without proper notice and it is, therefore, against the public policy of the Kuching South City Council to allow an illegal hawker without licence to sell durians at the MBKS market,” he said.

Asfia remarked that failing to take action against illegal businesses would send the wrong signal and trigger widespread illegality practised in society, causing a breakdown of MBKS’ authority to the detriment of the public interest.

“Public interest must be safeguarded and upheld to condemn the illegal practice of selling fruits without a licence at the Padungan fruit market.”

The Speaker said MBKS had acted well within its authority in issuing a notice to cease business to the hawker.

He added the hawker may seek a judicial review in the court in order to quash the notice.

“This august House does not encroach on the right of the judiciary which is vested with power to review an administrative decision. The doctrine of separation of power between the executive, judiciary and legislature must be respected.”

Asfia also said the motion filed by Chong had failed to fulfil two out of the three ingredients under Standing Order 15 of the House, as the issue concerned in the motion was not urgent nor of public importance.

“The motion therefore fails and the motion is dismissed,” he said.