KOTA KINABALU: The High Court has granted leave to an unvaccinated businesswoman who challenged Ranau district council over requirement that only those who have been fully vaccinated may conduct business at the market.
Judge Ismail Brahim granted leave to Naomi @ Neomi Francis, 55, via e-review proceeding.
Counsel Marcel Jude Joseph represented Naomi while Senior Federal Counsel Mohd Hafizi Abdul Halim represented the Attorney General's Chamber (AGC).
According to Marcel, the AGC was not objecting to the leave application during the online proceeding.
"The judge then fixed Dec 9 for the hearing," he told New Straits Times today.
In the ex-parte application for leave for judicial review, Naomi who runs a food catering and restaurant business in Ranau town, named the Ranau District Council as the sole respondent.
The ex-parte application was filed at the High Court registry via e-filing on Sept 26.
In her statement of claim, Naomi claimed that on Sept 15 this year the respondent issued a letter to her stating that commencing Sept 21, the government, as reported, would enforce a rule under which only entrepreneurs and assistants who have completed the Covid-19 vaccination were allowed to operate business.
Naomi said six days later, on Sept 21, the respondent issued a letter to her, namely a notice/warning before action is implemented under the Infectious Disease Prevention and Control Act.
She said the letter stated that she was carrying out business at her stall in Pasar Besar without obtaining the Covid-19 vaccine, which violated the terms under the said Act and that she could be compounded RM2,000 and fined a maximum RM50,000 unless she obtains a vaccine on or before Sept 28 this year.
Naomi further claimed that she did not agree to the vaccines as she is concerned about the risk related to the vaccines, because they have not been adequately studied in trials or properly disclosed to healthcare professionals or vaccine subjects.
Among her concerns were the signs, symptoms and other diagnostic criteria for Covid-19 which are orally broad.
Naomi further claimed that the respondent's actions contravened Article 5 of the Federal Constitution, which stated liberty of the person; contravened Article 8 of the Federal Constitution which stated that all persons are equal before the law and entitled to the equal protection of the law.
The respondent's actions also contravened Article 9 of the Federal Constitution, which stated prohibition of banishment and freedom of movement, and contravened Article 13 of the Federal Constitution, which stated rights to property, said Naomi.
Naomi is seeking an order of certiorari to quash the respondent's decision in letters dated Sept 15 and Sept 21.
She is also seeking an order of prohibition to the respondent whether by themselves or by their servants or agents from preventing prohibiting obstructing denying interfering or in any way whether by lawful process or otherwise disrupting whether in part or in full the business carried on by her at her premises at Pasar Besar building in Ranau town.
Naomi also seeks a declaration that the respondent's letters dated Sept 15 and Sept 21 are unconstitutional, unlawful, null and void.
She also seeks damages, cost and any other relief deem fit.