محكمه تيڠڬي ارهكن كراجأن مليسيا لقسانكن اوندڠ-اوندڠ اوندي18 تاهون اين
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The High Court in Kuching today ordered Ismail Sabri Yaakob’s government to implement Undi18 amendments by Dec 31.
Judicial commissioner Alexander Siew granted the legal challenge filed by five Sarawakian youths to challenge the previous government’s decision, then led by Muhyiddin Yassin, not to implement the Undi18 amendments by July.
The five Sarawakians, aged 19 to 20, filed a legal challenge in May seeking to quash the then government’s decision not to implement the Undi18 amendments by July.
They claimed the decision to delay the enforcement was unreasonable as it denies them their right to become voters. As of now, only those above 21 can register to vote.
PETALING JAYA: The High Court in Kuching today ordered Ismail Sabri Yaakob’s government to implement Undi18 amendments by Dec 31.
Judicial commissioner Alexander Siew granted the legal challenge filed by five Sarawakian youths to challenge the previous government’s decision, then led by Muhyiddin Yassin, not to implement the Undi18 amendments by July.
“The court also grants an order to quash the federal government’s decision that it can only implement the Undi18 amendments by September 2022,” he said during an online proceeding today.
The five Sarawakians, aged 19 to 20, filed a legal challenge in May seeking to quash the then government’s decision not to implement the Undi18 amendments by July.
They claimed the decision to delay the enforcement was unreasonable as it denies them their right to become voters. As of now, only those above 21 can register to vote.
Muhyiddin and the Election Commission (EC) were named as respondents in the judicial review.
In his ruling, Siew said he found that the respondents had failed to “act with all convenient speed” to implement the constitutional amendments.
“They affirmed that they could implement it by July, from 2019 to this year, but then took a different stand in March, saying that the Undi18 amendments will only be ready by September next year.
“Takiyuddin Hassan (the former law minister), between April and May, told the media that the amendments could be implemented by July, reaffirming the earlier position.
“No doubt that the respondents’ case had been undermined by the former minister, and the respondents have not disputed his (Takiyuddin) remarks in their affidavits,” he said.
Siew also pointed out that the EC did not explain how the various movement control orders (MCO) had caused delay in executing Undi18 amendments.
“The court takes judicial notice that the country went into various forms of lockdown from March 2020.
“Within this period, (the) EC and Takiyuddin also repeatedly said that Undi18 can be implemented in July.
“As we were under MCO, the court took note that (the) EC does not need to conduct by-elections like they usually do. I do not see this was rebutted through the affidavits or even an explanation in a media statement,” he added.
On the government’s arguments that certain election laws and regulations need to be amended first before Undi18 amendments can kick in, Siew said the proposed changes to election laws can be done anytime before a general election as they are “minor” issues.
“Any decision to defer Undi18 amendments to September 2022 is not only manifestly irrational but illegal as well.
“This goes against the duty (of the government) to act at all convenient speed,” Siew added.
The court made no order on costs. The five Sarawakians were represented by Simon Siah and Clarice Chan, while senior federal counsels Shamsul Bolhassan and Azizan Md Arshad appeared for the government.
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