The court order of mandamus was passed when Kuching High Court Judicial Commissioner Alexander Siew today allowed the judicial review application filed by five Sarawakian students aged between 19 and 20 against the federal government decision to delay the implementation of the lowering the voting age from 21 to 18. — Bernama file photo
KUCHING (Sept 3): The federal government through the Election Commission (EC) has been ordered to expedite the implementation of the lowering the voting age from 21 to 18 latest by Dec 31 this year.
The court order of mandamus was passed when Kuching High Court Judicial Commissioner Alexander Siew today allowed the judicial review application filed by five Sarawakian students aged between 19 and 20 against the federal government decision to delay the implementation of the lowering the voting age from 21 to 18.
The applicants Ivan Alexander Ong, Sharifah Maheerah Syed Haizir, Chang Swee Ern and Priscilla Grace Poul named the Government of Malaysia, the Prime Minister and the Election Commission (EC) as respondents.
When allowing the application, Siew ordered the quashing the decision of the respondents to defer the implementation of the move and to take all steps necessary for it to come into operation as soon as possible and in any event by Dec 31, 2021.
There was however no order as to cost.
On May 5, these students, claiming to be representing the Undi Sarawak campaign group, filed the judicial review application at the Kuching High Court on May 4, 2021.
In their suit, the students applicant were seeking declarations that the government’s action in delaying the implementation of lowering the voting age from 21 to 18 is irrational, illegal, disproportionate and amounts to voters’ suppression and, that 18 to 20-year-olds do have legitimate expectation that they will have the right to vote in next elections.
The applicants were also seeking to quash the government’s decision to delay the implementation of lowering the voting age 21 to 18.
The applicants were represented by Counsels Simon Siah and Clarice Chan while the respondents by counsels Shamsul Bolhassan, Azizan Md Arshad and Jessica Lee.
According to Undi Sarawak press statement dated May 4, their right of the age group to vote would affect approximately 125,000 to 135,000 Sarawakian youths as the Sarawak State Legislative Assembly has passed a bill lowering the minimum standing age from 21 to 18 in December 2020.
Hence, they also sought to compel the named parties to immediately bring into operation Section 3 (a) of the Constitutional (Amendment) Act 2019 or, in any event, on or before July 2021.
Following the EC address on the implementation of the ‘Undi18 Bill’ on March 25, 2021, Undi Sarawak group continues to urge the immediate execution of the lowering of the voting age from 21 to 18.
The EC Chairman Datuk Abdul Ghani Salleh then had stated that both the Automatic Voter Registration (AVR) and lowering of the voting age will only be implemented after Sept 1, 2022 due to various constraints and issues faced by the EC, which allegedly includes the ongoing developments in relation to the Covid-19 pandemic.
The Undi18 Bill covers the amendments to Article 119 of the Federal Constitution as set out in the Constitution (Amendment) Act 2019.
Section 3 (a) of the Constitution (Amendment) Act 2019 seeks to lower the voting age from 21 years old to 18 years old, whereas Section 3(b) provides removes any legal obstacles for implementing AVR.
“We also take note of the most recent statement made by (the then defacto Law Minister) Datuk Seri Takiyuddin Hassan on April 29, 2021 as well as his subsequent remarks on May 2, 2021 regarding the implementation of the Undi18 bill. While we welcome the Malaysian Cabinet’s renewed commitment to implement the lowered voting age by July 2021, it remains to be seen whether there is a fixed course of action and timeline to do so,” the group said in its May 4 press statement.
Undi Sarawak held firm to its belief that youth between the ages of 18 to 20 are owed their constitutional right to vote and this was made more pertinent for approximately 125,000 to 135,000 Sarawakians aged 18 to 20 as Sarawak State Elections ought to be held once the state of emergency ends and also, to ensure young Sarawakians can exercise their rights as first-time voters.