Govt not appealing Kuching Court order to lower voting age, say lawyers

 

The Malaysian government has not filed an appeal to overturn the Kuching High Court's landmark ruling to lower the nationwide voting age to 18.

Lawyer Simon Siah today said the government has not filed any appeal by the Oct 6 deadline.

On Sept 3, the Kuching High Court allowed a judicial review by five Sarawakian youths to compel the federal government to implement the lowering of the voting age from 21 to 18 nationwide by Dec 31 this year.

Siah (above) acted for the five youths.

Under Malaysian law, the government, who is the respondent in the legal action, had until Oct 6 to file an appeal.

“Confirmed no appeal (by the government). The last date to appeal was on Oct 6,” Siah told Malaysiakini.

This was also confirmed by another lawyer, New Sin Yew, who acted for 18 youths from the Undi18 movement.

The 18 youths previously filed a legal action before the Kuala Lumpur High Court that also sought to compel the government to implement the constitutional amendment to lower the voting age.

The constitutional amendment in question is Section 3 of the Constitutional (Amendment) Act 2019.

New said due to the federal government not appealing against the Kuching court’s verdict, Undi18 decided to withdraw its legal action.

“The High Court in Kuching already quashed the government’s decision to delay implementation and ordered the government to bring into operation Section 3 of the Constitutional (Amendment) Act 2019 by Dec 31, 2021.

“The government has agreed to do the same and did not appeal the decision of the High Court in Kuching.

“We effectively achieved everything we sought for in this lawsuit. There is nothing left to be achieved through the KL (Kuala Lumpur) suit,” New explained to Malaysiakini regarding Undi18’s withdrawal of its judicial review.

Today was initially fixed for decision on Undi18’s legal action before the Kuala Lumpur High Court.

Two days ago, news portal Free Malaysia Today reported that Undi18 filed a notice to discontinue the judicial review before the Kuala Lumpur High Court.

On Sept 21 during Dewan Rakyat proceedings, de facto law minister Wan Junaidi Tuanku Jaafar said the government would "try its best" to fulfil the Kuching High Court’s orders, which were to lower the voting age to 18 and carry out automatic voter registration.

On March 25, the Election Commission announced the postponement of the implementation of Undi18, including automatic voter registration, to Sept 1 next year.

The amendment to the Federal Constitution to lower the voting age was passed during the Pakatan Harapan administration two years ago.

After taking over the federal government last year, the administration of then prime minister Muhyiddin Yassin projected that Undi18 would only be ready by September 2022 - potentially after an election he repeatedly promised would occur.

The present government under Prime Minister Ismail Sabri Yaakob, however, appears keener on seeing Undi18 through and vowed not to appeal against the Kuching High Court decision made on Sept 3. - Mkini