Kuching court orders govt to lower voting age by Dec 31

 

The Kuching High Court today ordered the Malaysian government to implement the lowering of voting age to 18 nationwide by Dec 31 this year.

Judicial commissioner Alexander Siew How Wai allowed a judicial review application by five Sarawakian youths to compel the federal government to implement the lowering of voting age from 21 to 18.

Today was set for a decision on the legal action by the five youths, who are from NGO Undi Sarawak (initially scheduled on Aug 30, the verdict was then rescheduled to today).

The three respondents targeted by the judicial review are former prime minister Muhyiddin Yassin, the Election Commission (EC), and the government.

Through the legal action filed on May 3, the five youths seek to compel the federal administration to implement the 2019 constitutional amendment to lower the voting age nationwide by July this year.

Next general election

Previously, Undi Sarawak contended that delays in lowering the voting age (Undi18) would deny the rights of more than 125,000 Sarawakian youths to vote in the state election.

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

The decision means that youths aged 18 to 20 will likely not be able to vote in the next general election.

Subsequently, a group of 18 Malaysian youths, representing the Undi18 movement, filed a judicial review on April 2, against the premier, the government, and the EC. This legal action is before the Kuala Lumpur High Court and will come up for decision on Oct 21.

At present, there are two similar legal challenges (one before the Kuala Lumpur High Court and the other before the Kuching High Court) to compel the Perikatan Nasional (PN) federal government to implement the constitutional amendment to lower the voting age.

The amendment to article 119 of the Federal Constitution was passed during the Pakatan Harapan administration two years ago.

In relation to the judicial review by the five Sarawak youths, the Kuching High Court on May 28 granted leave to them to proceed with the judicial review. The Sarawak court then had heard submissions from parties on the merits of the legal action.

Counsel Simon Siah and Clarice Chan appeared for the five youths, while senior federal counsel Shamsul Bolhassan and Azizan Md Arshad appeared for the three respondents in the matter.

During zoom proceedings at the Kuching High Court this afternoon, Liew said that the federal government has given repeated assurances earlier this year that the lowered voting age would be implemented by July.

The judicial commissioner noted that these assurances were made despite contrary submissions by the respondents’ legal team in court proceedings that the implementation could only be done by next year instead.

Siew made references to numerous media statements by the EC issued last year and the one released in May this year by then minister in the prime minister’s department (parliament and law) Takiyuddin Hassan, that the lowering of voting age could be done by July.

On May 2, Bernama also reported Takiyuddin as assuring that the policy would be implemented this year.

However, in a previous hearing of the judicial review before the Kuching High Court, the Attorney-General’s Chambers (AGC), representing the government, contended that implementation of the constitutional amendment to lower the voting age would require amendments to all necessary laws and regulations first.

The AGC was referring to the need to amend the Elections (Registration of Electors) Regulations 2002, the Election Offence Act 1954 and the Elections (Conduct of Elections) Regulations 1981.

“This court finds it makes no sense that from 2019 to 2021, the respondents maintained it can be implemented by July 2021, then turn around and say it could only be done by 2022.

“This is not only manifestly irrational but also illegal against the need to implement it (constitutional amendment to lower voting age to 18) by a convenient speed.

“The respondents’ case was also undermined by the minister’s (Takiyuddin) statements in March and May,” Liew said, noting that the respondents in their affidavits have not disputed these media statements.

“On these premises, this court is compelled to grant the following orders. An order for certiorari to quash the respondents’ decision to defer the implementation of Section 3 (constitutional amendment to lower voting age to 18).

“The respondents must take steps to ensure Section 3 come into effect by Dec 31, 2021,” Liew ruled.

The judicial commissioner was referring to Section 3 of the Constitution (Amendment) Act 2019, which inserted the constitutional amendment to lower the voting age from 21 to 18.

Liew said the court could not accept the respondents’ contention that necessary amendments to all necessary laws and regulations are needed before implementation of lower voting age, pointing out that these proposed amendments are minor and not strictly necessary for the implementation of Section 3.

“Even if this court agrees that these amendments must be done before (constitutional implementation of) Section 3, it begs the question why these amendments were not yet done even after two years from 2019,” the judicial commissioner remarked.

Undi Sarawak: Court verdict affirms youths’ right to vote

Meanwhile, in a media statement issued after the court verdict, Undi Sarawak expressed appreciation to the judiciary’s acknowledgement and respect for the rights of youths.

“This historic decision is very meaningful for Malaysian youths because they can utilise their constitutionally-enshrined rights as the citizens of Malaysia.

“The implementation of the lowering of voting age would enable 125,000 to 135,000 youths of Sarawak aged between 18 and 20 to vote in the Sarawak state elections that would be held after the dissolution of the Sarawak state legislature, following the end of the emergency ordinance in Sarawak,” the group said.

Sarawak is currently under a state of emergency proclaimed by the Yang di-Pertuan Agong, from Aug 2 this year to Feb 2 next year.

The media statement quoted one of the judicial review applicants, Grace Chang Swee Ern, 19, as saying the court ruling has granted the opportunity to youths aged between 18 and 20 to determine the future and fate of the country.

“The right to vote when aged 18 is part of the important foundational basis for the formation of a healthy democracy.

“Youths view seriously the decision that is important for their future, and voting needs to be the best method to raise (their) concerns.

“This is not about party politics, this is about our voice and role in Malaysia’s democratic system.

“Therefore, I believe that the lowering of the voting age to 18 for elections at the federal and state level is able to transform Malaysia into a better country,” she said.

Besides Chang, the other four Sarawakian youths behind today's successful judicial review are Ivan Alexander Ong, Viviyen Desi George, Tiffany Wee Ke Ying, and Sharifah Maheerah Syed Haizir. They are aged between 18 and 20. - Mkini