The Penang state government's action to legalise "illegal" hawkers and their colonies is expected to be a hot local election issue in the coming general election.

Already hawkers in Sungai Ara on the island are crying foul, taking their case to the Opposition, lamenting that they are forced to leave their business premises once a commercial wet market becomes operational in the vicinity.

The fate of these hawkers worsened when two of them who highlighted their plight in the press were slapped with a RM500,000 defamation suit for "damaging the good name of the market building developer".

The 10-odd hawkers, represented by Keadilan legal bureau chief Jason Ong Khan Lee, claimed that they had suffered massive loss of income since the temporary market where they use to conduct their business was demolished on March 15 and 16 by a group of people claiming to represent the developer.

Two reports on the matter had been lodged at the Bayan Lepas police station by hawker Tan Cheng Lye on March 14 and 16.

Through their lawyer, the hawkers had also sent a letter of appeal to Penang Chief Minister Dr Koh Tsu Koon and Deputy Prime Minister Abdullah Ahmad Badawi.

Little income

Ong, a lawyer, said the hawkers then had no choice but to ply their trade by the road side but the change of venue had caused their income to "slide drastically".

"They are forced to hawk under the sweltering heat since March 16. These hawkers are unable to purchase the lots in the new market as they cannot afford to do so with their meagre income," he told malaysiakini.

According to Penang City Council licensing committee chairperson Wong Mun Hoe, the lots in the new market are priced between RM20,000 to RM30,000.

But Wong was unfazed with the fuss kicked up by the ten hawkers since others have purchased the lots in the new market and would start their business once the premises, which are equipped with facilities like electricity and water, are ready.

Wong said the problem was not new as the council has been facing increasing challenges to legalise unlicensed hawkers and hawker colonies for the past six years.

Hawkers centres needed

He added that the council has estimated that there are eight to 10 areas needing proper hawker centres, including Relau, Paya Terubong, Taman Sri Nibong and the residential area behind Vistana Hotel in Bukit Jambul.

The number of illegal hawkers, said Wong, had increased with the growing number of new housing estates on the island.

"If they are still interested in hawking, they can see us and we can provide licences for them to do business in another area," he added.

Meanwhile, Ong said the hawkers were further slighted with the whole affair since the developer had promised them a section together with a parking lot in the new market.

He added that the hawkers had depended on the promise and shifted to the temporary market until the developer came in March and demolished the building "without a court permit".

But Ong said now that the market is ready and its occupational certificate had been approved, the hawkers were not given a lot as promised by the contractor.

Cash payment

"They were instead asked to pay cash. The size of each lot is only about 50 sq ft, they are only given a discount of 25 percent, so they have to pay RM22,500. These hawkers simply can't afford it," he said.

"Moreover, those who sell food stuff like mee, drinks, nasi lemak, goreng pisang and cakes were not entertained at all," he added.

Wong denied that such an agreement had taken place between the hawkers and developer.

"There are 50-odd hawkers there, why is it that two claimed to have been promised lots in the new market?" he asked.