The federal government is at risk of contempt of court if they only implement the constitutional amendment for nationwide lowering of voting age next year, according to lawyer Simon Siah.
The legal practitioner has acted for five Sarawak youths, who were successful in their legal action for the Kuching High Court to issue an order for the government to lower the voting age from 21 to 18, by Dec 31 this year.
“Yes, it would be contempt of court if it is not implemented by Dec 31 2021,” Siah told Malaysiakini this afternoon.
The lawyer was responding to Prime Minister Ismail Sabri Yaakob’s assurance on Oct 30 that the lowering of voting age for Malaysians would start from Jan 1 next year.
Siah was also responding to today’s news report on Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar, who told Dewan Rakyat that the amendments to the Federal Constitution, related to the lowering of the voting age, cannot be implemented immediately after the bill was approved in 2019 as several matters must be resolved first.
Wan Junaidi told Parliament that several issues, including voter registration, must be looked into to ensure its smooth implementation.
The related amendment to article 119 of the Federal Constitution was passed during the Pakatan Harapan administration two years ago. The amendment is via Section 3 of the Constitution (Amendment) Act 2019.
According to a copy of the Kuching court order dated Sept 3, an order of certiorari was issued to quash the three respondents’ decision to delay the implementation of Section 3 to after Sept 22 next year.
The three respondents targeted by the judicial review were the prime minister (who is not named), the government of Malaysia, and the Election Commission (EC).
The court order also directed the respondents to take all steps necessary for Section 3 to come into operation as soon as possible and by Dec 31 this year.
It was also reported that the government did not file an appeal against the landmark court decision.
On Sept 3 this year, Kuching High Court judicial commissioner Alexander Siew How Wai allowed the five youths’ judicial review, noting that the federal government had given repeated assurances earlier this year that the lowered voting age would be implemented by July.
He pointed out 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 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. - Mkini
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