THE Dewan Rakyat today approved an extension to a detention without trial clause in the Security Offences (Special Measures) Act 2012 (Sosma) by another five years after the government won the division vote 111 to 88.

Twenty-one MPs were absent. 

This is the second time the Dewan Rakyat has voted to extend Sosma’s sunset clause, subsection 4(5), after the law was enacted in 2012. The first extension was in 2017. 

But today’s vote was held after the House narrowly voted on March 23 not to extend the clause 86-85 (49 absent). 

Today’s vote was held after the Home Ministry tabled a motion to revoke the result of the March 23 vote and to table again a motion to extend the clause.

Opposition MPs who are against the clause said that detention without trial is against the Federal Constitution and fundamental rights.

Those who debated the extension today said it had been abused to suppress political dissent and for non-terrorism crimes. When used on organised crime suspects and suspected terrorists, there is also no transparency about how they are treated while in custody as suspects need not be brought before the court for 28 days.

Prior to the vote, Home Minister Hamzah Zainudin had a short argument with some former Pakatan Harapan (PH) government ministers.

“PH also did not disagree to extend this subsection when it was in government. I have read the minutes from the PH cabinet meeting in November 2019,” said Hamzah.

In that, Hamzah said that the cabinet then did not disagree to extend the subsection.

“There was however, a long list of other proposed amendments to Sosma to make it fairer. And I agree that these amendments should be made too.

“But let us pass this first, as the other amendments are still be discussed with the police,” said the Bersatu secretary-general.

According to Hamzah, the other amendments would include narrowing Sosma’s scope so that there would be no “unfair” detentions by the police. 

Hamzah was responding to former minister Gobind Singh Deo (Puchong-PH) and Khalid Samad (Shah Alam-PH), who spoke up after former home minister Muhyiddin Yassin (Pagoh-PN) said the extension was raised in the PH government in 2019.

Muhyiddin had been home minister under the PH administration. 

Gobind today had asked why the government did not include other amendments PH proposed and only focused on extending subsection 4(5), which allows for detention without trial for up to 28 days. – July 26, 2022.