The Kota Kinabalu High Court will hear from Jan 12 next year a civil suit filed by former Chief Minister Tan Sri Chong Kah Kiat (pix) against Chief Minister Datuk Seri Musa Haji Aman. Judicial Commissioner Yew Jen Kie of the Sandakan High Court fixed the date in her chamber, last week. She will be hearing the case on a day to day basis until its completion.
Chong's counsel Haji Ansari Abdullah said the court had also set Dec 17 this year for case management by both parties. Ansari said the plaintiff (Chong) would be calling 10 witnesses in the hearing.
In his suit filed on Feb 6, 2008, Chong, among others, is seeking to declare that Musa, the first defendant, had abused his powers as the Chief Minister.
Chong also named former State Secretary Datuk KY Mustafa, Local Government and Housing Ministry's Permanent Secretary Datuk Ujang Sulani and the Kudat Town Board as second, third and fourth defendants, respectively.
The suit relates to a project undertaken by the Kudat Thean Hou Charitable Foundation chaired by Chong to build a statue of the Goddess of the Sea or Mazu in Kudat.
Chong is also seeking to declare that a fatwa issued by the State Mufti on July 7, 2006 stating that the construction of the statue would offend Islam as unconstitutional because it infringes Article 11 of the Federal Constitution.
Two other declarations sought by Chong are that the Kudat Town Board's approval for the project on Feb 8, 2006 is valid and that the withdrawal of the same approval by the Board on Nov 15, 2007 is null and void. State Attorney General Datuk Roderic Fernandez appeared for Musa and the other respondents.
Meanwhile, Yew also dismissed an application by the Kudat Town Board and the Central Town and Country Planning Board in the Local Government and Housing Ministry to strike out Chong's appeal against the Kudat Town Board's withdrawal of an approval to construct the multi-million ringgit Mazu statute.
The application to strike out the appeal was filed on Sept 10, this year.
In the motion of appeal, Chong, in his capacity as the Foundation's Chairman, named the Kudat Town Board and the Central Town and Country Planning Board in the Local Government and Housing Ministry as the first and second respondents, respectively. Chong had filed the originating motion at the High Court on Dec 12, 2007.
Yew ordered the respondents to submit their affidavit within 14 days, which will be replied by the plaintiff within seven days after receiving the affidavit. She will deliver ruling ofn Feb 13, 2009.
2 comments:
What Hypocrites,....Mazu has obtained Local Council building approvals to built and yet the CM instructed the local authorities to issue stop work order because its stated Land conditions was for 'INDUSTRIES' uses.
YET....the Mosque in the same area DIDNT even have any development plans or building plans submitted...thus...NO BUILDING PLANS APPROVAL given by Local Authorities....
So...WHY THE DOUBLE STANDARDS..???
First of all, is anyone surprised that there has been abuse of power? It's a BN government afterall.
Secondly, what had you, Chong, done while you were the CM to stamp out abuses? I'm sure you did nothing.
Last but not least, shame of you both Musa and Chong, for your incompetent and failed CM-ships. For a resource-rich state such as Sabah, the fact that there are many destitute Sabahans out there, including many working as menial labourers overseas, your failure and incompetence is unpardonable.
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