KUCHING, Nov 12 — A new Bill, which seeks to amend Article 16 of the Sarawak Constitution, was passed in the Sarawak State Assembly today.
State Tourism, Arts and Culture Minister Datuk Abdul Karim Rahman Hamzah said the new Sarawak Constitution (Amendment) Bill 2020 intends to lower the age of persons qualified for election to the state assembly from 21 to 18.
Over two-thirds of the total number of state assemblymen supported the Bill while nine Opposition state lawmakers opposed it.
The new Bill replaced an earlier one that was tabled and then withdrawn two days ago due to an ambiguity over the incorporation of Section 71 of the Immigration Act 1959/63 on the definition of “resident of Sarawak”.
“This is to align our State Constitution with the amended Article 47(b) and Article 119(1)(a) of the Federal Constitution which reduced the qualifying age for the election to the Dewan Rakyat and to be an elector or voter, from 21 to 18,” Abdul Karim said.
“Article 16 of the State Constitution complies with the mandatory provision in Section 5 of the Eighth Schedule of the Federal Constitution which sets out the qualification of Members of a State Legislative Assembly.
“Under Article 16 of the State Constitution, one of the qualifications for election to this august House is that the citizen must be ‘resident in the State’ in addition to having reached the qualifying age.”
However, he said the expression “resident in the State” is not defined either in the Eighth Schedule or the Sarawak Constitution.
“But the term ‘residence’ and ‘resident’ had been defined by our Courts to mean anyone who is living in a particular place ‘with some degree of certainty apart from accidental or temporary absences’.
“The state government is concerned that based on the judicial interpretation, any non-Sarawakian from other states in the federation, who is residing in the state by reason of having work permits, or serving in the federal public service or in the police or Armed Forces would then be qualified to stand in the state.
“It would enable politicians from other states to come and stay temporarily in the state to claim that they are ‘residents in the State’.
“The state government does not want people from outside Sarawak to meddle in our affairs and play any role in determining the destiny of our State.
“The state government’s Sarawak First policy is to ensure that Sarawak’s interests must be safeguarded by Sarawakians and outsiders should not come with their brand of politics that would destabilise our state and affect the harmony and unity of our people,” he said.
Abdul Karim also said it is for this reason that he introduced on November 10 a Bill that would define “resident in the State” to prevent potential infiltration by non-Sarawakians and those who are not living permanently in Sarawak from seeking election to the state assembly and claim to be representing the people of Sarawak.
“However, the noble intentions of the state government were distorted by the Opposition making scurrilous allegations that the state government was opening an avenue for non-Sarawakians to seek election to this august House,” he added.
“The Opposition sought to create a wrong perception of the true intent of the Bill and gave a misleading interpretation of the relevant provisions of the Immigration Act which mandated the state government to have the exclusive control of entry into and residence in the state.”
Abdul Karim said he withdrew the first Bill so that the people of Sarawak would not be confused by the Opposition as to the real intent and objective of this proposed amendment to Article 16 of the Sarawak Constitution.
“This Bill, which I am now introducing in this august House, will remove all interpretative ambiguities or uncertainties as to the real intent and objective of the proposed amendments,” Karim said.
He said Clause 2(1)( c) of the Bill provides a clear definition of the term “resident in the State”, adding that with the proposed amendment, only two categories of persons qualified as “resident in the State”.
The first, he said, is a citizen who was born in the state of Sarawak to a parent who was also born in the state, and normally resident in the state.
The second is a citizen, though not born in the state, but with at least one parent who was born in the state, and normally resident in the state.
He said the amendment will ensure that only Sarawak-born citizens and Sarawak citizens born outside the state to parents, one of whom was born in the state, and normally resident in the State, are qualified for election to the state assembly.
“People with no Sarawakian connections either by birth or the birth of their parents and not normally resident in Sarawak will be disqualified,” he said.
He said the term “normally resident” has been judicially defined to connote “residence with some degree of continuity and apart from accidental or temporary absences”.
He added a degree of continuity should be demonstrated, for instance, with a house, a family or a place of work in the state.
“Therefore, a Sarawak-born person would not be qualified to stand for election after this amendment if he is already a resident outside the state or permanently resident outside the state or in a foreign country like Australia.
“One of the objectives of this amendment is to prevent someone who has acquired permanent residence in Australia to stand election on this house. The state government views such a person as not having total loyalty or commitment to the state,” he said.
*A previous version of this story contained an error which has since been corrected.
