Monday 4 May 2015

BM credit proposal can't be carried out in Sarawak

By See Chee How, State Assemblyman for Batu Lintang

I am most disappointed with the statement by the Election Commission Chairman Tan Sri Abdul Aziz Mohd Yusof to consider that only candidates who possess credit in Bahasa Malaysia in SPM examinations are qualified to contest in elections to be member of parliament and state legislative assemblies.

The EC should be cautioned that it should not be dictated by personalities as Ridhuan Tee Abdullah for the conduct and discharge of its constitutional duties.


See Chee How
The EC Chairman Tan Sri Abdul Aziz Mohd Yusof should be reminded that, after 52 years of the formation of Malaysia, the EC is still not able to fulfill its constitutional duties and responsibilities to conduct free and fair elections as required under the Federal Constitution. To fulfill such constitutional duties and responsibilities should remain their priorities, rather than allowing themselves to be distracted by suggestions of Ridhuan Tee Abdullah to change the qualifications of candidates standing for election to the Parliament and State Assemblies which are also constitutional provisions outside the power and jurisdiction of the EC.

Bahasa Malaysia is the national language of the Federation, provided under Article 152 of the Federal Constitution. We should uphold the position of the national language in Malaysia and indeed, members of parliament and those vying to be members of the federal House of representatives should possess a sufficient degree of proficiency in the national language in order that he or she can take an active part in the proceedings of Parliament.

The qualifications of membership of Parliament are provided under Articles 47 and 48 of the Federal Constitution. For the Sarawak State Assembly, the qualifications are dictated by Articles 16, 16A and 17 of the Constitution of the State of Sarawak.

To be eligible as a member, a person must:
·         be a Malaysian citizen;
·         be not less than 21 years old;
·         be of sound mind;
·         not be an undischarged bankrupt; and
·         not at the same time be a member of the Senate and the House of Representatives.

The prescribed Oath,  to be sworn or affirmed by every member of parliament,  that they will faithfully discharge their duty as members to the best of their ability, to bear true faith and allegiance to Malaysia and to preserve, protect and defend the Constitution, outlines the cardinal duties and responsibilities of the members.

Under the Standing Order of the Parliament, the proceedings in Parliament is in the national language. In Sarawak, Article 24 Clause 8 of the State constitution provides that the proceedings in the State Assembly may be in English language and that members may use any native language in addressing the Dewan, subject to the Standing Orders.

Personalities such as Ridhuan Tee Abdullah may be able to prove their efficacy and proficiency in the national language, but unfortunately, not many will believe that they can fulfil and discharge the duties and responsibilities of a member of the Malaysian Parliament or the State Assembly.

It is offensive and downright derogatory for Ridhuan Tee Abdullah, in his remarks on the members’ lack of lack of proficiency in use of the national language, describe the proceedings in Parliament and State Assemblies as “Pasar malam” and “child play” (Berkelakuan seperti budak-budak).

In fact, no country practising parliamentary democracy has made academic proficiency in language as a pre-condition or qualification for members of their legislative assemblies. On the contrary, particularly for those democracies with multi-racial settings, provisions are made for the use of native and multiple languages to reflect their democracies.

The EC Chairman should also look at Ridhuan Tee Abdullah’s statement in its context that he was critical of the Chinese not being proficient in the national language and hence his outrageous suggestion that all potential candidates vying for election must have credits in Bahasa Malaysia in SPM. He was also questioning their knowledge of the national history and suggested that they should be interviewed on the subject.

His outrageous statement has in fact revealed his ignorance of the provisions in the Federal Constitution and his lack of knowledge and appreciation of our multi-racial plural society which is the pride of our country.

The EC Chairman should have just ignored such statement as it is not of the EC’s concern. It should focus on its constitutional duties to conduct free and fair elections in the country. May 4, 2015

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