Changes to Sarawak constitution shelved to fix ‘drafting anomaly’


Desmond Davidson

State Tourism, Arts and Culture Minister Abdul Karim Hamzah tabling the Constitution of the State of Sarawak (Amendment) Ordinance 2020 Bill, which has been met with polarising feedback. – November 10, 2020.

TWO proposals to amend Sarawak’s constitution have hit a snag after an anomaly was found in its draft bill, said State Assembly Speaker Mohamad Asfia Awang Nassar.

He said the amendment involved changes to lower the qualification age for Sarawakians to be elected a member of the state legislative assembly from the current 21 to 18, and to bar non-Sarawakians from contesting in any elections in the state.

The Constitution of the State of Sarawak (Amendment) Ordinance 2020 Bill was tabled by state Tourism, Arts and Culture Minister Abdul Karim Hamzah.

Asfia said because the anomaly has to be addressed, the bill will be “deferred to a date to be fixed”.

Asfia, however, stressed that this did not mean the bill will be withdrawn, as the opposition, which had strongly objected to the “clarity” of the definition of “a resident in the state”, began rejoicing.

The ambiguity of the term “resident in the state” have led some to take it to mean any resident in the state, even for a short while.

Opposition leader Wong Soon Koh (Bawang Assan-Parti Bersatu Sarawak) and Sarawak DAP chairman Chong Chieng Jen (Kota Sentosa) both objected to proposals to tie the definition of “resident in the state” with Section 71 of the Immigration Act 1959/63.

They argued that if the definition is consistent with Section 71, those who hold a permanent resident permit for two years are eligible to contest in state polls.

PBS president Wong said the amendment makes it “easier” instead of impossible, for a non-Sarawakian to be elected to the legislature.

He called the amendment “an outright betrayal of the rights of the people of Sarawak”.

Wong said if the Gabungan Parti Sarawak (GPS) government’s aim is to protect Sarawak rights, it should amend the constitution to restrict the right to contest to “Malaysian citizens born in Sarawak”.

“That is to say, make it impossible for a non-Sarawakian to be elected to the DUN (state assembly) instead of making it easier.

“Is this the first step towards allowing non-Sarawakians to be elected to the DUN? Because giving permanent resident status to a non-Sarawakian for two years means that person will be eligible for election to the Sarawak DUN if this constitutional amendment is passed,” he said in debating the bill today.

Chong agreed, saying that it would also allow “West Malaysians and Sabahans” with PR status to run in elections.

Chong said the amendment would be tantamount to “selling out of the privileges of Sarawakians”, adding that the bill ought to be withdrawn.

GPS Muara Tuang assemblyman Idris Buang also agreed that there should be tighter qualification rules.

The Parti Pesaka Bumiputera Bersatu (PBB) information chief said he had earlier said the residency rule should be raised to 10 years.

He said if the bill does not amend its definition of “resident of Sarawak”, then “PAS, Umno and DAP members can come in (and contest state elections)”. – November 10, 2020.


Sign up or sign in here to comment.


Comments