Hearing of SAPP’s suit against Mayor on March 9

Jo Ann Mool

KOTA KINABALU: A suit by Sabah Progressive Party (SAPP) against the Mayor for attempting to dismantle the party's Sabahtv.net signboard at its headquarters in Bornion Centre, Luyang last year will be heard on March 9.

High Court Judge Datuk David Wong set the date when the suit was brought up for case management on Tuesday.

SAPP Secretary-General Datuk Richard Yong We Kong, on behalf of the party, filed the suit against the Mayor on July 22, 2011 for trying to take down the signboald on July 9 and 11 the same year.

The plaintiff claimed that the move by City Hall to dismantle the signboard was mala fide, politically motivated and aimed at tarnishing the party's reputation and image.

The party is seeking a declaration that the By-law No. 3(1) and 4 of the Kota Kinabalu Municipal Council (Advertisement) By-Laws 1983 (the "Advertisement By-Laws") does not apply to them as they are a non-commercial entity.

The party is also seeking that the second notice issued by the defendant dated July 11, 2011 is mala fide and wrongful and is, therefore, null and void.

The party is also seeking a declaration that they have the right to display the Signboard No. 2 (Sabahtv.net) at its own premises and a further declaration that they have the right to display any signboard subject to the onus of the defendant to prove that the signboard poses danger to the public and/or contains words or language that are prohibited by the laws of Malaysia.

Counsel Ken Yong and Peter Marajin appeared for the plaintiff while Senior State counsel Hanafiah Kasim represented the Mayor.

Daily Express

Wednesday, February 1, 2012

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