THE Kuala Lumpur High Court will decide on June 17 whether to grant leave for a judicial review on the government’s delay in implementing the new minimum voting age at 18, also known as Undi18.

Judge Ahmad Kamal Md Shahid set the date after hearing an application from lawyers Ambiga Sreenevasan and Professor Gurdial Singh Nijar, who are representing 18 youths who filed the judicial review application.

Ambiga and Gurdial told the court that it would be unfair not to be granted leave when the respondents have not justified the reasons for the delayed implementation.

“Leave ought to be granted as we ought to hear from parties (the respondents) on why they are depriving 18-year-olds of the constitutional right to vote,” Ambiga said.

The respondents are named as Prime Minister Muhyiddin Yassin, the Election Commission, and the government of Malaysia.

“The court should allow the matter to proceed to the substantive stage, allow the respondents to provide an explanation by affidavit, and thereafter only decide on whether a case has been made and what reliefs are appropriate,” Ambiga added.

The applicants said they have proven that there is an “arguable case” and anyone adversely affected by the decision of any public authority shall be entitled to make the application.

The Undi18 youths filed for a judicial review on April 2 over the government’s move to delay the implementation of the lowered voting age, as well as automatic voter registration (AVR), from July 2021 to September 2022.

The applicants said the delay would cause approximately 1.2 million youths to be unable to vote in any election, including the possibility of the 15th general elections before September 2022.

On April 19, the Attorney General’s Chambers (AGC) filed a preliminary objection to the lawsuit on grounds that it was frivolous, vexatious and premature.

The AGC submitted that the necessary amendments to the laws and regulations relating to elections and other Acts need to be amended to enforce the said Constitutional amendments.

The minimum voting age was lowered to 18 from 21 previously after the Constitution (Amendment) Bill 2019 was passed by the Dewan Rakyat on July 16, 2019, swiftly followed by the Dewan Negara on July 25, 2019.

It was gazetted on September 10 the same year.

The EC had said previously that the law, as well as the new automatic voter registration, would be implemented latest in July this year.

However, EC chairman Abdullah Ghani Salleh in a statement on March 25, said that implementing the two measures can only be accomplished after Sept 1, 2022.

Ghani said the EC’s planning and preparations on it are affected by the movement-control order imposed in the Covid-19 pandemic fight.

On April 29, the Minister in the Prime Minister’s Department (Parliament and Law) Takiyuddin Hassan said the commission needs to resolve legal and technical issues including updating the required software system. – May 24, 2021.