THE Federal Court has struck out an appeal by Ahmad Zahid Hamidi, the Registrar of Societies and federal government against the Court of Appeal’s decision not to ban a Sarawak organisation that was deemed a threat to security and public order.

Senior federal counsel Shamsul Bolhassan told a five-man bench, comprising judges Zainun Ali, Ramly Ali, Balia Yusof Wahi, Alizatul Khair Osman Khairuddin and Rohana Yusuf, that he has been instructed to withdraw the appeal.

He told The Malaysian Insight that the federal government ordered the withdrawal as the appeal was “inconsistent with the new Pakatan Harapan government’s stand on freedom of expression and speech”.

“It’s not consistent with the promises made in its election manifesto.”

Former home minister Zahid, on November 14, 2014, had declared the Sarawak Association For Peoples’ Aspiration (SAPA), which campaigns for the return of lost and eroded state rights under the Malaysia Agreement 1963, unlawful under Section 5(1) of the Societies Act 1966, for allegedly “carrying out activities prejudicial to the interests of the security of Malaysia and public order”.

SAPA president Lina Soo and two other officials, Hugh Lawrence Zehnder and Tambi Pilang, appealed against the ban at the Kuching High Court.

The court, on October 30, 2015, overturned the ban, with judge Rhodzariah Bujang ruling that the ban was “irrational, illegal, unconstitutional and without basis”.

Zahid then appealed the decision at the Court of Appeal, but on October 19, 2016, the appellate court dismissed it, saying the high court did not err in ruling that the Home Ministry was wrong in banning SAPA.

“We are back,” said Soo.

“Today is a new beginning, the beginning of a long road (to demand the return of Sarawak rights).

“I’m ecstatic. Justice has prevailed.”

She said the court decision “is a win for the people of Sarawak”, and described it as “just wonderful, coming ahead of 722”, referring to the date of Sarawak’s independence, July 22.

Soo’s counsel, Dominique Ng, said the decision to withdraw the appeal reflected the PH government’s stand on human rights and freedom of speech.

“It gives us the sense that they are doing the right things.”

Last month, he had written to the attorney-general, asking if the latter would withdraw the government’s appeal “in light of the recent dramatic change of circumstances, like the more liberal approach of the new government”. – July 19, 2018.