SIBU: The Sibu High Court has quashed an April decision by Kanowit District Council to terminate the trading licences of hawkers at the council’s multipurpose market.
The court yesterday also made a decision to allow the hawkers to return and continue to trade at the venue.
The secretary of the council had on April 24 this year stopped all hawkers from trading at the venue, notifying them to vacate the premises within three days.
The council had warned that all licences issued had been revoked and terminated, and hawkers who chose to continue trading there would be blacklisted.
It further threatened the confiscation of goods and equipment, and that it would not be responsible for losses incurred.
It was revealed that the Kanowit District Council had entered into an agreement with a company called Nam Leong Sdn Bhd to lease the market to the latter to operate a supermarket there.
The hawkers were forcibly evicted and they had since approached Kanowit PKR chief George Chen for legal assistance.
Five hawkers namely Nisi Gasing, Tan Jing Hong, Lu Kwong, Hu Suk Tin and Fatimah Abdullah subsequently filed for an application for Judicial Review at the High Court of Sibu on May 17.
The five were representing more than 100 other hawkers trading in and within the vicinity of the market.
Leave for Judicial Review was granted by Judicial Commissioner Lim Hock Leng on June 24.
In his decision yesterday morning, Lim ruled that the tenure of the licenses issued by the Kanowit District Council was to run from Jan, 1 2019 to Dec 31, 2019, that the explicit statement and issuance of the licenses gave rise to a legitimate expectation on the part of the licensees to continue trading until at least Dec 31.
The court granted an order to quash the decision of the respondent vide its letter dated April 24, and an order permitting the applicants and other licensed traders to return and continue to trade at the premises until Dec 31, or such period as stated in their licenses.
The five plaintiffs were represented by Batu Lintang assemblyman See Chee How, Jeffery Mok and Chai Pei Chen.
The secretary of the Kanowit District Council was represented by state legal officer Lonie Pinda.
