SAPA officially receives its deregistration letter today, may seek legal avenue

KUCHING, Nov 19, 2014: Sarawak Association for People's Aspiration (SAPA) today officially received a letter of its deregistration from the Registrar of Societies (RoS), four days after the Home Ministry had made the announcement.

SAPA president Lina Soo received the letter from the state RoS office at Jalan Wan Alwi this morning.

 

Revocation of registration order from the Home Ministry

The letter, issued under Section 5 of the Societies Act 1966, was signed by Home Minister Ahmad Zahid Hamidi.

Zahid is of the opinion that SAPA is being used for purposes prejudicial to the interest of the security of Malaysia and public order.

"Therefore, in exercise of the powers conferred by subsection 5(1) of the Societies Ac 1966 [Act 335], I hereby declare that SAPA is an unlawful society with effect from 14 November 2014," Zahid said.

Lina, in a statement, said that SAPA would seek legal avenue to set aside the ministry's order.

Letter signed by Home Minister

She felt that SAPA had a case since BERSIH was similarly declared illegal under the same Order and upon judicial hearing, the Order was set aside.

"Let us hear from the government why a one-year old legally constituted society with 11 members consisting of pensioners and housewives, can be the most dangerous organisation in Malaysia today," she said.

Lina also observed that the Societies Act was enacted during 1966 in conjunction with the state of emergency enforced during the Sarawak “Constitutional Crisis” which saw the ousting of the Ningkan Government.

She asked whether the Societies Act would still be binding since all emergency regulations were abolished in 2013, and in this connection, she queried if the Home Ministry's decision may be null and void in law.

Notwithstanding the legal implications, Lina said the ban imposed on SAPA was arbitrary and undemocratic as SAPA had at all times conducted all its activities lawfully and peacefully within the objectives of its Constitution, including upholding and promoting universal respect for, and observance of human rights and fundamental freedoms as enshrined in the United Nations Universal Declaration of Human Rights.

Lina said SAPA is also defending the right of every Sarawakian to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and other social services and defending the right to education for every Sarawakian irrespective of race, creed, gender, language, religion, social origin, birth or other status.

She said it is also to support and empower communities working for peace and justice, indigenous and human rights, democracy and gender equality and to initiate and support community programmes for the eradication of poverty. 

Lina said:"The minister’s action in invoking his power under Section 5 (1) is indeed unprecedented as it had turned a legitimate and registered entity into an illegal organization overnight."

She is extremely perplexed by the ministry's sudden decision which was made without first approaching SAPA and giving SAPA a chance to be heard.

She requested the minister to give her a list of these so-called “prejudicial activities” and explanation why he had considered them “prejudicial”, to dispel any notion it is just a whimsical action or figment of imagination.

She added that a modern day representative and democratic government should be seen to be acting in a fair and transparent manner so that citizens can understand its actions and not to act in fear of popular participation by suppressing citizens who are legally exercising their democratic rights.