Hamzah says crimes rose after MPs voted not to extend Sosma clause


Chan Kok Leong

Home Minister Hamzah Zainudin says a sunset clause in the Security Offences (Special Measures) Act 2012 allowing for detention without trial is necessary to allow police more time to do their work. – The Malaysian Insight file pic, July 26, 2022.

CRIME rose almost immediately after parliament voted not to extend a law that allowed for 28 days of detention without trial, Home Minister Hamzah Zainudin said today.

He was referring to the government’s attempt in March to extend a clause in the Security Offences (Special Measures) Act 2012, otherwise known as Sosma.

“Right after the extension was denied on March 23, crime took place immediately. 

“For example, there was a shooting in Sungai Petani in which the person shot dead was wanted by police because he was suspected of terrorist and drug offences,” the Bersatu minister told the Dewan Rakyat.

“In another case, a murder trial witness was hacked to death in Klang. These are some examples of cases where the perpetrators are still free.”

Hamzah did not provide crime statistics after March 23 or explain how the clause’s extension would have deterred crime as the law is still in force until July 31.

The minister said the extension is crucial for protecting national security and public order as it gives the police more time to investigate a suspect.

“Crimes of terrorism are complex and need more time for nvestigatation. The additional time will let the police continue questioning before prosecution and it will allow them to arrest more accomplices,” said Hamzah.

To placate the opposition, Hamzah said the law specifies that no one can be detained for their political beliefs or activities although politicians are not immune from Sosma.

But he did not explain how former Bersih 2.0 chairman Maria Chin Abdullah was detained under Sosma for 10 days in November 2016 for organising the Bersih 5 rally. The government subsequently paid Maria RM30,000 in damages and costs in 2019 without admission of liability.

He said Sosma allows the suspect legal representation. 

The Home Ministry has tabled a motion to extend subsection 4(5) of Sosma for another five years starting July 31, 2022 after the motion was defeated last March.

Subsection 4(5) allows the police to detain a suspect for up to 28 days without trial.

On March 23, the government’s motion to extend the sunset clause was defeated 86 to 85. Forty-nine MPs were absent.

Yesterday, Klang MP Charles Santiago slammed the government for insisting on reviving the clause after parliament had voted against it.

He asked if the government planned to use the threat of indefinite detention without trial to stifle dissent. – July 26, 2022.


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