A GABUNGAN Parti Sarawak (GPS) assemblyman has shelved his plan to mount a legal challenge of the relocation of the High Court Registry of Sarawak and Sabah from Kuching to Kota Kinabalu.
Sarawak United People’s Party (SUPP) Piasau rep Sebastian Ting said in view of the decision yesterday to reverse the planned relocation, he too would similarly “KIV (keep in view) our (he and his legal team) intended court action for now”.
Ting had earlier said he will file an originating summons to take Law Minister Liew Vui Keong, the federal government and “perhaps also our prime minister (Dr Mahathir Mohamad)” to court over the relocation that was to take place on May 1.
Federal Court Chief Registrar Latifah Mohd Tahar in a circular late yesterday said the relocation would now not take place. She did not state the reasons why.
However, Liew said it was a purely judicial decision made by the country’s top four judges – the chief justice, president of the Court of Appeal, chief judge of Malaya and the chief judge of Sabah and Sarawak.
He had also earlier said the relocation was also a judicial decision made by same the four judges.
Angry Sarawak and Sabah lawyers, however, claimed the relocation was a political decision made by Liew, a Sabahan.
Ting, who is also SUPP secretary-general, said Liew and Putrajaya would have been severely embarrassed if the relocation decision had not been rescinded and the legal suit had proceeded.
Sarawak Chief Minister Abang Johari Openg in a statement on Monday confirmed he was not consulted “as mandatorily required” and the state government views the move as unconstitutional.
The state government said it was imperative that the fundamental constitutional process of consultation be adhered to as this “unconstitutional act, if not checked, will in future have wider repercussions on the rights of Sarawak under the constitution”.
Ting said Liew should explain “this blatant breach of Article 121(4) of our federal constitution”.
“Did he or did he not see (what was stated in Article 121(4)) in the first place?”
Ting said if indeed Liew, who is a lawyer by training, had seen it, “he would not have advised our prime minister before our prime minister made the erroneous decision to advise our Yang di- Pertuan Agong”.
The Sarawak lawmaker is again demanding Liew to take responsibility for the latest administrative gaffe by the Pakatakan Harapan government by apologising to the Sarawak chief minister and the people of Sarawak over his failure “to safeguard our constitution”.
“As the law minister he is the protector of our constitution and must not allow any abrogation or violation of our constitution,” Ting said. – April 24, 2019.
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