SARAWAK is seeking “greater clarity” of the roles and boundaries of the legislature and judiciary in its appeal against the Kuching High Court’s decision to reinstate Dr Ting Tiong Choon as Pujut assemblyman.

“There is a need to. It is essential for a functional democracy,” state Assistant Minister for Law, State Federal Relationship and Project Monitoring Sharifah Hasidah Sayeed Aman Ghazali told the state assembly today.

“The High Court has decided that the Dewan has acted outside its constitutional limits when passing the motion to disqualify the Member for Pujut despite the provisions of Article 19(1) of the State Constitution which declared that such a decision of the Dewan is final.

“Thus, a more authoritative judicial determination from a higher court on this important matter is essential on the issue when or whether judicial intervention on the Dewan’s proceedings is permissible under the doctrine of separation of powers between the various branches of government,” Sharifah Hasidah said.

She also said a proper interpretation of Article 17(l)(g) of the State Constitution, on disqualification from election to the Dewan when a person acquired foreign citizenship, is required.

Article 17(l)(g) states “a person is disqualified from being elected as an elected member of the Dewan Undangan Negeri if he has voluntarily acquired citizenship of, or exercised the rights of citizenship in any country outside the federation, or has made a declaration of allegiance to any country outside the federation”.

The High Court had not in its judgment come out with a definitive interpretation of the Article, Sharifah Hasidah said.

“Therefore, on appeal the higher court could provide this interpretation to provide guidance to all relevant public bodies, including the Election Commission (EC) and aspiring election candidates, as whether a person is still qualified to seek election to the Dewan once he acquired citizenship of another nation regardless of his subsequent renouncement of that citizenship,” she said.

Sharifah Hasidah said a decision by the appellate court on the issues would determine whether Ting should vacate his seat and further similar incidents would also be avoided in the future.

Ting was disqualified in the state assembly on May 12 and the EC scheduled nomination for the Pujut by-election today and polling day on July 4.

The high court rules that the state assembly is not a competent body to decide on his citizenship and that he had not been allowed to defend himself.

The court also found that Sarawak speaker Mohamad Asfia Awang Nassar to have acted beyond his authority and impartially on the matter.

Ting took up Australian citizenship in 2010 but renounced it later, and the Australian government accepted it official in April last year – just a month before the state election.

He never renounced his Malaysian citizenship. – June 20, 2017.