Sports doyens appeal against reinstatement of 8 affiliated members of SBA as office-bearers

KUCHING (June 19): Sports Commissioner of Sarawak Region Azizi Johari and the federal Youth and Sports Minister Hannah Yeoh recently filed an appeal against the reinstatement of eight affiliated members of Sarawak Badminton Association (SBA) as office-bearers.

The eight named as respondents in the appeal are Nathan Laing Sim Yun Shiong, Dr Ong Kong Swee, Johnny Ng Ah Ching, Bong Chung Chok, Robert Lau Sie Yong, Mohd Fairus Afzan Akil, Lau Ngik Chiew and Jimmy Jadam Iba.

Based on a document sighted by The Borneo Post yesterday, the appeal notice was filed by the Senior Federal Counsel office at Court of Appeal Registry in Putrajaya.

The issue arose following the dissatisfaction of the appellants (Azizi and Yeoh) over Kuching High Court Judge Dato Alwi Abdul Wahab’s decision that allowed the judicial review application by the eight respondents (Sim and seven others) to reinstate them as SBA office-bearers.

Separately, when contacted, Sim said the bone of the contention resulting in them taking legal action was that the actions of the previous executive committee members were unconstitutional, with them blatantly removing divisional badminton associations from being affiliate members and accepted non-divisional badminton associations to become affiliates despite the SBA constitution not allowing it.

On May 7 this year, the Kuching High Court Judge ruled that the extraordinary general meeting (EGM) held on April 16, 2022, was against the SBA constitution and, therefore, improper and wrong in law after finding the Sarawak Sports Commissioner had endorsed a flawed 2022 SBA constitution.

The judge, instead, held the EGM on Sept 18, 2021, and the annual general meeting (AGM) held on Oct 3, 2021, to be valid and therefore, the ruling effectively reinstated the rightful leadership of Sim as SBA president, Johnny Ng as secretary and Robert Lau as treasurer, while also reinstating the memberships of seven affiliate members.

The Court had further given an order of mandamus compelling the Sarawak Sports Commissioner and the Minister of Youth and Sports, Malaysia to approve the EGM and the AGM held by the eight applicants (of judicial review).

Affiliated members had unanimously agreed to utilise the approved 2011 constitution for a July 23, 2021 AGM to elect the office-bearers.

However, disruptions occurred during the voting process following the dissolution of office-bearers and the appointment of a pro tem election chairman.

As the members awaited the announcement of voting results, the virtual Zoom connections were abruptly terminated without any prior announcement or conclusion of the voting process.

This disruption cast a shadow over the integrity of the proceedings, sparking a contentious dispute within the SBA and leading to a legal battle, which culminated in the Kuching High Court’s decision on May 7 this year.