KUALA LUMPUR, Feb 10 — The government is proposing significant amendments to the Security Measures (Special Measures) Act 2012 (Sosma).
Home Minister Datuk Seri Saifuddin Nasution Ismail said these include changes to bail provisions and the possible establishment of a special court to address proceedings long waiting time.
“Currently there are 73 offences under Sosma which, under existing practice, are all handled through a single uniform approach.
“Among the most widely criticised provisions are Section 13 on bail and Section 30, which concerns the long waiting period before proceedings are concluded,” Saifuddin told the Parliament in his winding-up speech on the motion of thanks for the Royal Address yesterday.
He said currently, the Home Ministry is preparing a classification system that would differentiate offences based on their level of seriousness, subject to approval by the Cabinet once the amendment framework is finalised.
“For offences that carry very heavy sentences, such as 20 or 30 years’ imprisonment, we are inclined to propose that bail should not be allowed within a specified period,” Saifuddin said.
However, for offences that carry significantly lighter punishments, he said the decision on whether bail should be granted could be left to the magistrate or proposed by the Deputy Public Prosecutor (DPP).
“That would mark a key change from the current status quo,” he added.
Saifuddin also said the government is considering the creation of a special court to handle Sosma cases, similar to special courts established for other categories of cases.
“This is not because these cases are so serious that they require extraordinary attention, but because the proceedings often take too long,” he said.
He explained that one of the strongest criticisms of Sosma is that suspects who are denied bail end up waiting for prolonged periods before trial, which is perceived as a form of punishment in itself.
“We want to speed up the process,” he said.
Saifuddin confirmed that the Cabinet has already given its policy approval for reforms to Sosma.
Following this, he said the Home Ministry will submit the amendment matrix and conduct more aggressive stakeholder engagement, including discussions with the Parliamentary Select Committee.
“I have also held preliminary discussions with the Selayang MP William Leong to begin engagement, including with the Parliamentary Select Committee that has closely examined Sosma,” he said.
“God willing, I will make time to listen to the recommendations from the parliamentary committee on this matter.”