KOTA KINABALU: The High Court here have set May 8 this year to hear a suit brought by a practicing lawyer seeking a declaration that the de-gazetting and abolition of the day following Good Friday, Easter Monday and Christmas Day as public holidays is unlawful.
Judicial Commissioner Ravinthran N. Paramaguru fixed the date to give time for the respective parties to submit their submissions.
On April 20 last year, Marcel Jude A/L M S Joseph, 51, who is also a journalist, had filed the suit at the High Court’s registry here, naming the Sabah State Legislative Assembly as the sole defendant.
He is seeking a declaration that the de-gazetting and abolition of the day following Good Friday, Easter Monday and Christmas Day as public holidays by the defendant is unlawful and ultra vires Article 11 of the Federal Constitution and the Holidays Ordinance of Sabah.
Joseph also wants any other reliefs deemed fit by the court and costs.
In his statement of claim, Joseph said that in the State of Sabah, before 1978, the Christian community enjoyed three public holidays for Easter and two public holidays for Christmas. Then, in 1978, the established holidays were reduced to only one public holiday for Easter (i.e. Good Friday) and one public holiday for Christmas.
After 1978, Easter Sunday and Easter Monday as well as Boxing Day were no longer declared public holidays and this was due to amendments made to the Holidays Ordinance of Sabah by the defendant as constituted in 1978 or thereabouts.
He said before 1978, it was stipulated under the Holidays Ordinance that for Easter and Christmas, these were, inter alia, the gazetted public holidays; Good Friday, and the following day; Easter Monday and Christmas Day, and the following day.
Senior State Counsel Nor Aisah Mohd Yusof represented the State Attorney-General Chambers.