THE Dewan Rakyat today rejected the motion to extend, by five years, the Security Offences (Special Measures) Act 2012 (Sosma) provision that allows for 28 days of detention. 

Dewan Rakyat Speaker Azhar Azizan Harun said that 86 lawmakers rejected the motion after division voting was carried out. 

“Only 84 lawmakers agreed (to the motion), while 50 MPs were absent today. 

“So, the motion was not agreed to,” he said in Dewan Rakyat today.

Home Minister Hamzah Zainuddin had earlier today tabled a motion for the extension. 

After the voting, the provision for the extension will no longer be in force once it lapses on July 31, 2022.

Hamzah had said that Sosma was the best mechanism in dealing with security threats.

During the debate on the motion, the Larut MP reiterated that 28 days of detention were not enough.

This, he said, was because the cases investigated are very complex, let alone involving terrorist groups and organised crime that have a wide network.

He also said that Sosma detention will not be used against any politician.

Hamzah said that he will never abolish Sosma as it is crucial for the nation’s security.

However, he said that certain provisions in Sosma can be reviewed in time to come.

Kasthuri Patto (Batu Kawan-PH) said the existing laws in Malaysia are sufficient to investigate, prosecute and convict any offender using the principles of the rule of law to uphold truth, justice, democracy, transparency and accountability.

She said if necessary, the law that needs to be amended can be brought to the deliberation of the Parliamentary Select Committee and also the legal affairs division so that the principle of justice “innocent until proven guilty” becomes the backbone of this meeting.

“This Act overlaps with other legal jurisdictions that have existed for so long, so why should this law exist anymore?” she asked.

“Although the Internal Security Act (ISA) has been repealed, Malaysia has been pushed back into the colonial era with the existence of the Sosma.”

She said the Sosma can be used arbitrarily on anyone, such as the act of labelling a criminal before being convicted in court.

“This is an act of taking over the responsibility of the court, usurping the position of the courts.”

Salahuddin Ayub (Pulai-PH) also chastised Hamzah for declaring that Sosma would not be used against the government’s political opponents.

Salahuddin reminded the Dewan Rakyat of similar pledges made in the past about the usage of the ISA, which was repealed in 2012.

“History has shown that the ISA was repealed due to the cruel nature of the Act. For decades the law was abused, although it was initially enacted to combat the communist threat,” he said.

“The Home Ministry at the time gave an assurance that no politicians will be detained under the Act, because its focus was to combat communism and any armed insurgency against the country and king.

“But as time went by, that was not the case. Maybe you (Hamzah) were never detained under the ISA, but many of my friends were.”

Ramkarpal Singh (Bukit Gelugor-PH), who also protested against the motion, suggested that instead of extending the detention period, the ministry could under the criminal procedure code extend detention from 24 hours to 48 hours.

He said the extension of 28 days without court involvement opens up room for abuse of power by the police.

“Imagine if a person could be arrested by a policeman above the rank of a superintendent. Imagine a person can be picked up by the police officer and detained for 20 days or even 28 days without the involvement of the court. Isn’t this opening up to the abuse of power?” he asked.

“That is a genuine concern that needs to be taken into account or considered by the ministry,” he said.

“There is no rationale for extending up to 28 days… almost a month. I object to this amendment and hope that the Home Ministry will consider the issues raised by the other MPs,” he said. – March 23, 2022.