Let PM, 2 others explain in court delay in lowering voting age - Undi18

 

Prime Minister Muhyiddin Yassin and two others must explain in court the delay in the implementation of the lowering of the voting age in Malaysia from 21 to 18, the Kuala Lumpur High Court heard today.

The legal team for Young Voters Association (Undi18) submitted this during the hearing of the group’s application for leave to commence with its legal bid to compel the implementation of the lowering of the voting age in Malaysia.

Undi18 is counter-submitting against the Attorney-General’s Chambers' (AGC) arguments for the group to be denied leave to proceed with the judicial review.

AGC represents Muhyiddin and the government, the two out of three respondents targetted by the legal action. The other respondent is the Election Commission (EC).

Previously, it was reported that the AGC is objecting to Undi18’s judicial review leave application on grounds that all necessary laws and regulations need to be amended first before the lowering of the voting age can be implemented.

The AGC had contended that Undi18’s judicial review leave application was frivolous, vexatious, and premature.

During the hearing before judge Ahmad Kamal Md Shahid, Undi18’s counsel Gurdial Singh Nijar submitted that leave ought to be granted to the group, so that the three respondents can come to court to try justify their stance against the legal action.

The lawyer noted that the court cannot make a decision on the matter now, as it is only during the hearing of the merits of the case can the three respondents submit their justification through affidavits and other court documents.

Undi18’s counsel Gurdial Singh Nijar

Gurdial contended further that this is because at this present leave stage of the legal action, there is no affidavits or other evidence before the court for any such decision to be made.

“We have to wait for the substantive hearing (if leave is granted to Undi18 to proceed with the judicial review) for all parties to come to court with their reasons for my lordship (Ahmad Kamal) to decide on the matter,” Gurdial said.

The group’s other counsel S Ambiga also submitted that leave should be granted so that the court can hear parties’ submissions on the issue of whether subsidiary regulation needs to be carried out first before implementation of the lowering of the voting age.

The former Bar Council president was referring to the AGC’s contention that subsidiary regulations such as the ones dealing with automatic voting registration need to be amended first before the government could proceed with lowering the voting age.

“Leave ought to be granted (to Undi18) as we ought to hear (during hearing of the merits of the judicial review) from parties (respondents Muhyiddin, EC and the government) on why they deprive 18-year-olds of the constitutional right to vote,” Ambiga said.

Ahmad Kamal then fixed June 17 at 11am to deliver the court’s decision on whether to grant leave to Undi18 to commence with the legal action.

If leave is granted, then the court would later fix another date to hear submissions from parties over the merits of Undi18’s legal bid to compel the implementation of the voting age.

Senior federal counsel Shamsul Bolhassan appeared for the prime minister and the government in the proceedings.

On April 2, Undi18 took the government to court over the postponement of the voting age.

The postponement is likely to result in 1.2 million 18- to 20-year-olds unable to vote in the 15th general election if it is called this year.

This is despite the fact that constitutional amendments for it were gazetted into law in 2019.

However, later on May 2, Bernama reported Minister in the Prime Minister’s Department (Parliament and law) Takiyuddin Hassan as assuring that the policy would be implemented this year.

He reportedly said the EC was still looking into several matters before finalising the policy and it is expected to be implemented this July, thus enabling Malaysians aged 18 to vote in GE15.

“However, I can’t give an exact timeframe, but definitely within this year. If we can do it this July, we will do it,” he reportedly said.

Besides the 18 youths representing Undi18, another five youths from Sarawak have also recently launched a separate legal action over the same issue. - Mkini