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Friday, July 22, 2011

SAPP sues DBKK

An opposition party has served a summons on the Kota Kinabalu City Hall for attempting to dismantle its Sabahtv.net signage which bore the phrase "Bersih, Berani, Benar".

KOTA KINABALU: Opposition Sabah Progressive Party (SAPP) has sought legal redress over a signboard at its headquarters that the local authorities want dismantled.

The opposition party served a writ of summons on the Kota Kinabalu City Hall (DBKK) for attempting to take down its Sabahtv.net signboard at the party’s headquarters here on the July 9 and again on July 11.

The writ of summons was served on the DBKK today by one of SAPP counsels, Peter Marajin. It was received on behalf of the mayor by an officer of DBKK legal department.

SAPP secretary-general Richard Yong said that among the main contentions in the writ is that the Kota Kinabalu Municipal Council (Advertisement) by-laws 1983 do not apply to non-commercial entities.

The Kota Kinabalu Municipal Council (Advertisement) by-laws 1983 applies to commercial entities, those involved in trade, business and profession.

The by-laws states: “Signboard” means any board which displays the name or the registered trade mark of any person, firm, corporation or organisation and the nature of the trade, business or profession carried on by such person, firm, corporation, organisation and which is visible from any street or public place and which is fixed to or painted on the façade or street frontage of or in the actual building where such trade, business or profession is carried on but not on side walls, fences or open spaces between the street and the said building.

“NGOs, societies registered under the Society Act, schools, government departments, religious bodies and political parties which are non-commercial or non-profitable organizations need not apply for licence from DBKK so long as long as their signboards are safe and contain no words that are prohibited by laws.

“Sabahtv.net is an on-line radio which is non-commercial and non-profitable.  Its signboard is safe and the words “Bersih, Berani dan Benar” are not prohibited by the laws of Malaysia,” Yong said.

Seeking a clear ruling

As the case is now before court, SAPP does not expect DBKK to act on its signboard before it is heard.

“The High Court has fixed a hearing on July 25 to hear the case.

“We are seeking a clear ruling from the court so that the people of Kota Kinabalu will no longer need to worry if one day a DBKK officer comes up to your office and tells you to dismantle your organisation’s signboard immediately,” he said.

He also maintained that the DBKK’s action on SAPP was very harsh, unexpected, totally uncalled for, and is being seen by many as a form of political harassment, oppression and selective persecution.

He reminded that similar aribitrary action in the past back in the 1970s had subsequently led to the downfall of the then Usno state government.

“The people know their rights and where they stand. We believe justice will prevail,” he said.

Lifted from FMT (Queville To)

31 comments:

  1. Edward Mujie should also be sued for trying to be clever by impersonating as DBKK official and UMNO spokesman.

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  2. DBKK had acted beyond their confines, they acted upon orders from their political masters in BN.

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  3. Bukankan DBKK sudah bagi notis 14 hari?

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  4. Harap perkara ini akan dijelaskan semasa di makhamah.

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  5. biarkah mereka selesaikan hal ini di mahkamah.

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  6. SAPP tidak mahu mengalah jadi biarlah mahkamah yang tentukan nanti.

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  7. semata-mata sebab ada perkataan 'Bersih' perkara ni sampai ke mahkamah.

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  8. tunggu dan lihat sajalah perkembangan perkara ini nanti...

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  9. Hassan said...

    Bukankan DBKK sudah bagi notis 14 hari?
    ----------------------------------------------
    Kamhu faham undang2 kah atau dari pilipin? kamu tidak faham kah

    "NGOs, societies registered under the Society Act, schools, government departments, religious bodies and political parties which are non-commercial or non-profitable organizations need not apply for licence from DBKK so long as their signboards are safe and contain no words that are prohibited by laws."

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  10. The two Sabah DAP dogs dr tembirang hiew king chiew and sepuluh tiga edward muji@Drunken Master should be charged for assisting UMNO to attack local opposition party SAPP too.

    Shame on you Sabah DAP consisted with a bunch of monkeys!

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  11. biar mahkamah menjadi pengadil...kita lihat siapa yang betul.

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  12. harap mahkamah tidak berat sebelah.

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  13. “The people know their rights and where they stand. We believe justice will prevail,” Yes, agreed!

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  14. “The High Court has fixed a hearing on July 25 to hear the case."

    tak sabar nak tahu keputusannya!

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  15. tengok apa penjelasan dari DBKK

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  16. SAPP had the right to do so if they think they should do.

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  17. SAPP have many lawyer in the party, they know what they do.

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  18. Don't you think that only a small matter? Wasting time and money.

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  19. Act wisely before facing unnecessary circumstances.

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  20. Another show from SAPP to attract public attention.

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  21. Hal remeh dijadikan isu dan bawa ke mahkamah.
    Saya tidak setuju tetapi saya hormati hak SAPP bertindak demikian.

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  22. Di sana ada konfilk berkenaan isu BERSIH di sana juga SAPP mahu mengunakan perkataan BERSIH di papan tanda radio mereka. Mereka sengaja melakukan perkara ini. Sekarang apa yang DBKK lakukan adalah atas kuasa mereka. Jadi SAPP harus terima seadanya perkara ini.

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  23. Such a small matter also wanna make it a big deal.

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  24. As if we don't know that SAPP doing this to get publicity.

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  25. biasa la.. yang pegang kuasa sentiasa menang. yang tiada kuasa tu sentiasa rasa tertindas. baik SAPP sabar dulu, nanti sudah dapat kuasa, baru buat signboard besar macam kapal terbang.. masa itu tiada yang larang..

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  26. Apa apa pun perkara begini memang akan berlaku jua.

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  27. I think this is so wasting time la.

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  28. Ada hikmah di sebalik semua ini.

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  29. Wait for decision from court.

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