KUCHING, Nov 16 — Sarawak Tourism, Arts and Culture Minister Datuk Abdul Karim Rahman Hamzah today told Opposition politicians to take legal action if they were unhappy with the passage of the State Constitution (Amendment) Bill in the State Legislative Assembly last week.
He said although the Bill was supported by over two-thirds of Sarawak assemblymen, there were still those questioning its constitutionality.
He said Opposition politicians like Baru Bian (Ba’Kelalan), Chong Chieng Jen (Kota Sentosa) and Datuk Seri Wong Soon Koh (Bawang Assan) were still saying outside the state Assembly that outsiders without Sarawak’s connection can contest in the state.
“If they feel aggrieved or those who don’t have the opportunity to decide on how things are settled, they should bring the matter to the court,” Karim, who tabled the State Constitution (Amendment) Bill 2020, told reporters.
“The court will then decide who are eligible to contest or otherwise. Before arriving in its decision, the court will revisit how the Bill was tabled, debated and passed in the state assembly.
“The judges will see the intention of the state government in tabling the Bill and whether the intention was to allow outsiders to contest in Sarawak or otherwise,” he said.
He said anyone who wished to contest to join the state assembly can also go to court if their qualifications are being questioned.
“From there we will know if they are eligible to contest,” he stressed.
He said there is no need for Parti Sarawak Bersatu (PSB), DAP and PKR politicians to keep saying the constitutional amendment was a mistake.
He said when the court makes a decision on the constitutionality of the Bill, it will look at Article 16 of the State Constitution in a comprehensive way.
“They will also revisit the Immigration Act on those who are allowed to reside in Sarawak.
“Apart from that, they look at the National Registration Department, whether the figures “13” are Identity Card of a person,” he said.
Karim said these matters will automatically come out in court, but excluded from the amendments because it will be too lengthy.
He said the intention of the amendment is to prevent people from Peninsular Malaysia, especially the DAP and PKR, from contesting in Sarawak.
“If we see the DAP, for example, Lim Kit Siang, he has been contesting in Melaka, Selangor, then Penang, Perak and then Johor.
“The same goes with PKR president Datuk Seri Anwar Ibrahim, who stood in Permatang Pauh in Penang and then in Port Dickson,” Karim said.
The amendment to Article 16 of the State Constitution sought to lower the age of membership of the state assembly from 21 to 18 and define the expression “resident in the state”.
The expression “resident in the State”, is not defined either in the Eighth Schedule or in the State Constitution.
