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KOTA KINABALU – A food hawker in Pasar Besar Ranau is challenging a standard operating procedure (SOP) imposed by the local authority, after she was warned to get vaccinated within a week or face being slapped with a RM2,000 to RM50,000 fine.
Naomi @ Neomi Francis, 55, who received the warning letter from the Ranau District Council (RDC) on September 21, filed for a judicial review against the RDC on grounds that all the SOPs related to restrictions on unvaccinated persons are against the federal constitution.
In an interview with The Vibes, Naomi said she wants to represent all who want to protect their liberty of having the choice to refuse vaccination, and not get discriminated against due to their choice.
She pointed out that Article 5 of the constitution states that no person shall be deprived of his life or personal liberty, save in accordance with the law, and Article 8 states that all persons are equal before the law and entitled to equal protection of the law.
“Based on the said articles, the Sabah government is violating the federal constitution by not providing liberty to the people – whether they want to get vaccinated or not, discriminating between vaccinated and unvaccinated individuals by providing more access to those who are vaccinated and denying access to those who have not been inoculated.
“I only want to fight for this; I want the government to stop imposing rules that are against the federal constitution,” she said, adding that she will lose her food and catering business if she has to pay a RM50,000 fine.
Naomi said that she is not an anti-vaxxer, as those who are against Covid-19 inoculation are called.
She said she is not confident about receiving the vaccination due to lack of medical studies and evidence on the matter, and is concerned about the side-effects.
The mother of four said her son, who is a medical assistant, and her sister, who is a nurse, both of whom are working in Labuan, have tried to persuade her to get the vaccination, but she is still not convinced.
“My husband and one of my children also have not taken the vaccine,” she said.
“When we first received the warning letter, my husband, a farmer who also helps me at the stall, said that he wants to ‘sacrifice’ for our family and take the vaccine.
“I cried when I heard that and told him not to take the vaccination unless he is sincere and truly wants to get vaccinated. I told him there must be other ways,” she said.
The judicial review hearing is set for Tuesday, and Naomi will be represented by counsel Marcel Jude.
This is not the first time that Naomi has challenged the authority, as she had previously taken several allegedly unfair decisions made by the Ranau District Council to the attention of the Local Government and Housing Ministry in 2014, 2016, and 2018.
These cases involved violations of the Ranau District Council (Markets) By-Laws 1963 as the council increased rental fees and rented stalls to non-Bumiputeras in the market, and Naomi managed to get the council to retract their decisions without going to court.
Naomi said she wishes that her action this time will help Sabahans who have been denied from entering offices, banks, and shops – including teachers, business owners, and other government staff facing action from the government for not getting inoculated.
The Sabah government has ordered that only fully vaccinated individuals are allowed to enter business premises, including owners and staff, beginning September 21.
Over a month of grace period was given before the restriction was fully imposed. – The Vibes, September 26, 2021
