Wednesday, 7 December 2011

An oversight to allow West Malaysians to vote in Sarawak and Sabah, says law book editor


Kuching: An issue of constitutional importance was raised at the launch of a law book today in respect of soldiers and policemen from other states who are allowed to cast votes in Sarawak and Sabah as postal voters.

Tan Kee Heng, the editor of the Borneo Law Reports, said it might be an oversight on the part of the founding fathers of the two states to allow people from other states to cast their votes and elect local representations.

“Undeniably, in every general election, thousands of army and police personnel from Peninsular Malaysia who were stationed in the two states had been allowed to cast their votes for the election of the local representatives and regrettably, as of today, there is no provision in our Federal Constitution or any written law to guarantee this basic right of Sarawakians and Sabahans,” he said.

“It might be due to the oversight of our founding fathers in the formation of Malaysia 48 years ago to incorporate such right into our Federal Constitution, but just ask yourself and our parents or grandparents, do you think that it is the will of the people of these two states to give away, though partially, their voting right to fellow Malaysians imported from Malaya to chose their own representatives both in the state assembly and parliament?” Tan asked.

“Personally speaking, I do not for the moment, think so. Sadly, so far our politicians from these two Borneo states apparently have not been active in pursuing this matter of fundamental importance to us,” he said.

He said Sarawak and Sabah surely are equal partners with Peninsular Malaysia in the formation of Malaysia, and that no one can deny that these two Borneo states are major contributors in terms of financial resources.

“I think all will agree with me that without the contributions from Sarawak and Sabah, our nation Malaysia would not be where it is now,” he said.

He added the political support of the people from the two states is most crucial to determine who will form the next Federal Government in Putrajaya.

Tan said  the area of Constitutional Law will be included in Volume 2 of the Borneo Law Reports which will be published later.

Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, when asked by reporters after he launched the law report, said Tan’s statement surprised him.

“I have to look at it, and I am sure he knows what he is talking about,” he said of Tan.

Malanjum declined to comment further when asked what would be a legal remedy, in the absence of any specific law, to bar the soldiers and police personnel from other states from casting their votes during elections in Sarawak and Sabah.

 ENDS




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