KUCHING, July 19 — Sarawak Association of People's Aspirations (SAPA), a civil movement which has been advocating for the return of the state's rights from Putrajaya, has won its last legal battle against the Home Ministry and the Malaysian government.
This is following the Federal Court's ruling to strike out an appeal by the Home Ministry and the Malaysian government to overturn the High Court's judgment that had declared SAPA a legal society.
SAPA's counsel Dominique Ng Kim Ho said Senior Federal Counsel Shamsul Bolhassan, who represented the ministry and the Malaysian government, applied to withdraw the appeal which was scheduled to be heard by the Apex court in Putrajaya today.
"With the application, the appeal has been struck out by a full bench of five Federal Court's judges presided by Tan Sri Zainun Ali," he told Malay Mail, adding that the civil movement is now back in action.
The other Federal Court judges are Tan Sri Ramly Ali, Datuk Seri Balia Yusof Wahi, Datuk Seri Alizatul Khair Osman Khairuddin and Datuk Seri Rohana Yusuf.
Ng said he had earlier written to the federal Attorney General's Chambers to consider whether the ministry and the Malaysian government should now withdraw their appeal since the home minister has changed and there is a new government which promotes freedom of speech and expression.
"The senior federal counsel had informed me that they were seriously considering the circumstances and that the final decision was left for the home minister to make," he said.
On November 14, 2014, SAPA was declared unlawful under Section 5(1) of the Societies Act 1966 by the Home Ministry for allegedly carrying out activities prejudicial to the interests of the security of Malaysia and public order.
SAPA took the matter to court for a judicial review of the ministry's order, naming the home minister, director of Registrar of Societies and the federal government as respondents.
On October 30 last year, High Court judge Datuk Rhodzariah Bujang overturned the Home Ministry’s decision to ban SAPA.
On October 18, 2016, the Court of Appeal maintained that the civil rights movement was not an illegal society, after it dismissed an appeal by the Home Ministry.
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