Start with one-third Senate seats for Sabah and Sarawak, govt told

 

Giving the two Borneo states one-third of the seats in the Dewan Negara is better since there is no guarantee they will get this number of seats in the Dewan Rakyat, said four NGOs. (Bernama pic)

PETALING JAYA: 

Four NGOs have urged the government to give Sabah and Sarawak 15 additional Senate seats each since the two Bornean states cannot be allocated one-third of parliamentary seats until after the 16th general election (GE16).

The groups said such a move would ensure the two states have veto powers in the Senate, adding that this was a simpler process than the demand for one-third of Dewan Rakyat seats.

“Unlike the Dewan Rakyat, no negotiation of seat allocation between the peninsula states, and no constituency delimitation – which can take up to two years as per the constitution – are needed for the Dewan Negara,” they said in a joint statement.

They also said this would prevent any potential annulment of provisions in the constitution related to the Malaysia Agreement 1963 (MA63).

“Is there any guarantee that East Malaysia will get the constitutional veto power (in the Dewan Rakyat) after GE16?

“If a single coalition wins a simple majority of 112 seats in Peninsular Malaysia alone, what would be the likelihood of this new government agreeing to a constitutional veto power for East Malaysians?” the groups said.

The statement was signed by Projek Sama, Bersih, Rise of Social Efforts (Rose) Sarawak, and Engage.

There are currently 70 senators, with 26 appointed by each state assembly. The remaining 44 are appointed by the king at the prime minister’s advice, including one representing Labuan.

Last week, deputy prime minister Fadillah Yusof said Sabah and Sarawak can only be allocated one-third of parliamentary seats after GE16.

The senior Gabungan Parti Sarawak leader said multiple legal aspects needed to be studied before amendments can be tabled in the Dewan Rakyat, and its implementation can only be finalised after GE16.

The four NGOs dismissed claims that the Senate was a “toothless paper tiger”, saying the focus should be on transforming the upper house into an elected entity with a democratic mandate and more powers to serve as a check and balance on the Dewan Rakyat.

“As a start, give the 34 senators from Sabah and Sarawak independence and greater political legitimacy. They can be elected directly by a parliamentary Act, as provided by Article 45(4)(b) of the Federal Constitution.

“This would ensure that Sabahans and Sarawakians have as much control of their senators as they do of their MPs,” they said.

The groups had made the Senate seats proposal in the past, but this was rejected by a group of Sabahan and Sarawakian NGOs who insisted that the Bornean states needed to have veto powers in the Dewan Rakyat.

Political analyst James Chin had said the Senate did not have the authority to block bills but can only delay them.

Article 68 of the Federal Constitution provides for bills from the Dewan Rakyat to be brought to the king for his assent without going through the Senate, under certain conditions.

For money bills, the Dewan Rakyat can bypass the Senate if there are unresolved differences on the bill after one month of being sent to the upper house. Non-money bills can only take this passage if the impasse over the bill remains for a year.

However, all constitutional amendments must go through the Senate. - FMT