By Ling Hui
KUCHING, May 13: Kota Sentosa assemblyman Wilfred Yap views filing a judicial review in the Kuching High Court more appropriate in addressing the concerns of a durian hawker against a local council.
He said he was amused by Padungan assemblyman Chong Chieng Jen’s action of moving a private member’s motion in the Sarawak Legislative Assembly (DUS), which he held was highly ‘rejectable’.
“This Motion will definitely be rejected because it is more appropriate to go by way of judicial review by the High Court and not DUS.
“Judicial review in the High Court, for an order of Certiorari, in general, is concerned with legality of the decision-making process of the executive (government), not with the merits of the decision.
“To put it in a nutshell, the application concerns review, not appeal,” said Yap in a statement today.
He explained that an application for judicial review for order of certiorari brings a decision made by the authority before the court and prayed that such decision will be quashed.
“Just my two cents (sic) opinion for the Member of Padungan (Chong), who also happens to be an experienced lawyer,” Yap added.
Earlier in DUS today, Chong moved a private member’s motion for DUS to direct the Kuching South City Council (MBKS) to review its decision on ceasing the trade of a durian hawker at the Padungan Seasonal Fruit Market. — DayakDaily
