KOTA KINABALU – The Kota Kinabalu High Court has granted a food hawker’s application for a judicial review against the Ranau District Council, challenging its Covid-19 vaccination requirement.
Judge Ismail Brahim has fixed December 9 for the hearing of the substantive stage of Naomi @ Neomi Francis against the Ranau District Council.
“I wish to thank Yang Arif Tuan Ismail Brahim for his decision and also my counsel Marcel Jude Joseph and senior federal counsel Mohd Hafizi for their involvement in this matter,” Naomi said in a statement yesterday.
On September 21, the 55-year-old food hawker in Pasar Besar Ranau received a warning letter from the Ranau District Council for her to get vaccinated within a week or face being slapped with a RM2,000 to RM50,000 fine.
Naomi said the council’s action is against the federal constitution (Article 5 and Article 8) and that she wants to represent all who want to protect their liberty of having the choice to refuse vaccination, and not be discriminated against due to their choice.
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 – discriminating between vaccinated and unvaccinated individuals by providing more facilities to those who are vaccinated and denying access to those who have not been inoculated,” she said.
Naomi has yet to receive her Covid-19 vaccination. – The Vibes, November 7, 2021
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