THE Kuching High Court has ordered Putrajaya to implement Undi 18 by the end of the year to enable youths to vote at the next general election.

The court ruled that the Election Commission (EC) must take steps to implement Undi 18 by December this year.

High Court judicial commissioner Alexander Siew How Wai said the EC had acted “illegally” and “irrationally” when it decided to delay the implementation on Undi 18 from July 2021 to September 2022.

The EC had cited the pandemic and the movement-control orders enforced by the government to curb the spread of Covid-19 as the reason for the delay.

“The court also grants an order to quash the federal government’s decision that it can only implement the Undi 18 amendments by September 2022,” Siew said during an online proceeding today.

The judicial review application was filed by five Malaysian youth and named former prime minister Muhyiddin Yassin and the EC as respondents.

The five Malaysian youths who filed the suit were Ivan Alexander Ong, Viviyen Desi George, Tiffany Wee Ke Ying, Grace Chang Swee Ern and Sharifah Maheerah Syed Haizir.

They had filed the lawsuit on May 4 and had obtained leave for judicial review on May 28. The hearing was held on July 27.

Monumental win for youths

In a statement, Undi Sarawak said the high court’s decision was “monumental” and “significant” for Malaysian youths in their exercise of constitutional rights.

The lowering of the voting age will increase the total number of voters (including new young voters and previously unregistered voters) from 14.9 million in 2018 to approximately 22.7 million by 2023, when GE15 is due.

Nineteen-year-old Wong, one of the applicants in the suit, said he is grateful for the court’s decision as it will open the doors for 125,000 to 135,000 Sarawakian youths to vote in the upcoming state elections when the emergency ends.

The state of emergency in Sarawak was extended to February 2022 to prevent local elections to be held due to Covid-19 infections in the country.

“My fellow applicants and I are beyond jubilant by the outcome of the ruling today. Now, in the upcoming general elections, there will be approximately eight million new voters, which is a significant figure that can change the course of an election.

“1.2 million new voices will be heard, and new policies and reforms will take place in line with these new voices,” Wong said.

Chang, another fellow applicant, said allowing the youth to vote is vital for their future and the best way to express their voices.

“This is not about partisan politics. This is about our voices and our rightful role in Malaysia’s democracy.

“Thus, I strongly believe that lowering the voting age to 18… in both federal and state elections will lead Malaysia ahead to (being) a better nation,” she said.

On July 16, 2019, the motion to lower the voting age to 18 in the federal constitution was passed unanimously with 211 votes in the 222-member Dewan Rakyat, and with bipartisan support.

It was then approved by the Dewan Negara on July 25 the same year and gazetted two months later on September 10, 2019. Since then, however, there has been little progress in implementing the amendment.

With the Kuching High court ruling in favour of the Undi 18 applicants, Undi Sarawak said it is hopeful it will set a precedent for the Kuala Lumpur High Court where a similar suit has been brought by 18 youths.

The suit in the Kuala Lumpur High Court was filed on April 2. On June 17, the court granted leave for the judicial review application.

The court is set to deliver its decision on the judicial review application on October 21. – September 3, 2021.