George Seah SCJ:

This is an appeal by the appellant, Haji Salleh bin Jafaruddin, against a decision of Chong J refusing him leave to apply for an Order of Prohibition against the respondents, members of the Committee of Privileges of the Dewan Undangan Negeri Sarawak. At the conclusion of the hearing, the Court dismissed the appeal indicating that we would give our reasons at a later date. This I now proceed to do.

The relevant facts are not in dispute. The appellant is at all material times a member of the Dewan Undangan Negeri Sarawak for the constituency of Oya. The respondents are also members of the Dewan. Respondents 2 to 8 constitute the Committee of Privileges of the Dewan. The 1st respondent is the Speaker of the Dewan and by virtue of r. (5)(a) of the Standing O. 69 of the Dewan Undangan Negeri Sarawak is also Chairman of the Committee of Privileges. On 18 May 1985 Datuk Alfred Jabu ak. Numpang, a Deputy Chief Minister and Minister of Housing as well as a member of the Dewan gave a Notice of Motion that the appellant be referred to the Committee of Privileges for alleged breach of privileges in respect of a speech made by the appellant at the sitting of the Dewan