DATO' SERI DR AHMAD ZAHID HAMIDI & ORS v. SOO LINA & ORS

[2018] 1 SSLR 15

DATO' SERI DR AHMAD ZAHID HAMIDI & ORS v. SOO LINA & ORS
Court of Appeal, Kuching
Mohd Zawawi Salleh, Abdul Rahman Sebli, Abdul Karim Abdul Jalil JJCA
[Civil Appeal No: KCH-Q-01(NCVC)(A)-384-12-2015]
19 December 2017

JUDGMENT

Mohd Zawawi Salleh JCA:

Introduction

[1] This is an appeal against the decision of the High Court of Sabah and Sarawak at Kuching (Rhodzariah Bujang J (as she then was), presiding) dated 30 October 2015, granting the respondents' application, inter alia, for an order of certiorari to quash the 1st appellant's order dated 14 November 2014 which declared the Sarawak Association For Peoples' Aspiration ("SAPA") an unlawful and/or illegal society with costs of RM8,000.00.

[2] After hearing the parties, we dismissed the appeal and affirmed the decision of the learned High Court Judge. We now give our reasons.

Background Facts

[3] The background facts relating to this appeal have been set out in the grounds of judgment of the learned High Court Judge. We do not propose to repeat them in entirety, save to highlight the facts that are germane to the appeal.

[4] The respondents are committee/office bearers of SAPA. The 1st respondent, Soo Lina, is SAPA's president, Hugh Lawrence Zehnner, its deputy president, and Tambi anak Pilang, its assistant secretary.

[5] SAPA is a human rights society which has been registered under the Societies Act 1966 (Act 335) on 12 November 2013.

[6] As stated in cl 3 of its Constitution, SAPA's objectives are as follows:

(a) To uphold and promote universal respect for, and observance of human rights and fundamental freedoms as enshrined in the United Nations Universal Declaration of Human Rights;

(b) To defend the right of every Sarawakian to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and other social services;

(c) To defend the right to education for every Sarawakian irrespective of race, creed, gender, language, religion, social origin, birth or other status;

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