The Sarawak re-delineation exercise which adds 11 seats has caused problems due to shifting of state seats into different parliamentary constituencies, and the movement of voters without their knowledge, said lawyer Ambiga Sreenevasan.

Ambiga ( photo ) told the Court of Appeal's three-member bench today that the Election Commission (EC) has failed in its duties to provide clear notification, as required under Section 4 of the 13th Schedule of the Federal Constitution.

Using the state seat of Batu Lintang held by PKR's See Chee How under the Stampin parliamentary constituency as an example, she said part of that constituency would now move to a new constituency of Batu Kitang.

“In addition, now Batu Lintang enters under the Bandar Kuching parliamentary constituency. It is insufficient just to give the notice of the re-delineation without having a proper public consultation.

“The EC claims there is no change in parliamentary seats but from what I have illustrated, there is a change for the Batu Lintang constituents, and this has resulted in the movement of thousands of voters,” she warned.

Ambiga, who is the former Bersih 2.0 chairperson, was submitting in the EC's appeal over the Kuching High Court decision that declared the re-delineation done by the body to be null and void.

EC ordered to republish notice

Justice Yew Jen Kie, in her landmark decision ruled that the re-delineation notice lacked detailed particulars of the areas specified in paragraph two of the 13th Schedule of the Federal Constitution.

 

Following this, the judge ordered the EC to republish the notice of its proposed recommendations to review the division of the Sarawak state constituencies for the purpose of elections for the state legislative assembly.

Ambiga, along with senior counsel Cyrus Das, was representing See and Pauls Baya, who are respondents in the case. Baya is from the Baram state constituency.

EC chairperson Abdul Aziz Mohd Yusof ( photo ) is the appellant in the matter.

The boundary redrawing shows an additional 11 seats from the 71 at present.

The state has to hold its elections before the middle of 2016.

The new boundaries have to be tabled in the Dewan Rakyat in October for it to be passed, and hence, the appeal today.

 

'Consulting part of democratic process'

 

Das submitted that the new electoral roll had resulted in more than one million voters in Sarawak for the next general election.

 

He said as re-delineation is done every eight years, it is vital for the public to be consulted prior to the exercise and it should not cross state boundaries.

 

“In a parliamentary democracy, the consultation process is vital. It is the voters who decide who will represent them in the state legislature and hence, such consultation is necessary,” he said.

 

Das ( photo ) added the purpose of Section 4 of the Thirteenth Schedule is to inform the public, particularly voters, who are likely to be affected by the proposed recommendations made by EC.

 

He added whatever changes made must follow stringent requirements and there also must be sufficient opportunity for information.

 

"If the minister wants to create a township, he needs to abide by the stringent requirements and consult the people or the local authority by giving sufficient opportunity for them to give feedback.

 

"You cannot just provide the notice and let the voters find the information themselves, as this does not fulfill the requirements of Section 4. It is the responsibility of the EC to provide the information and they are shirking their responsibility," he said, adding every word in the constitution must be read in harmony.

 

Ambiga said this showed that the EC had failed in doing their job by allowing people only 30 minutes to object - which is not feasible - as 40 percent of the Sarawak population are in rural areas.

"How can they make objections if only 30 minutes are given? Hence, the appeal by the EC on the High Court decision should be dismissed," she said.

 

Notice is valid

 

Senior federal counsel Amarjeet Singh representing the EC said the notice is valid and fulfilled all requirements under Section 4.

 

Amarjeet said the alteration involves 11 new state constituencies, a change in name of four state constituencies, and a change in name of one parliamentary constituency.

 

The voters are given opportunities to object to the redelineation and the EC had recorded 64 such objections.

 

“Hence, the challenge against the notice was not necessary,” he held.

 

The senior federal counsel also said Justice Yew had interpreted Section 4 beyond what was required as stipulated the Federal Constitution.

 

“For this reason, we pray that the appeal is allowed to set aside the High Court order,” Amarjeet said.

 

Sarawak legal counsel, JC Foong ( photo ) said See should have lodged a complaint at the constituency as required under the law but on record, there was no complaint filed.

 

Court of Appeal Judge Mohd Zawawi Salleh, who is leading the three-member panel, announced they were not delivering the decision today, disclosing it would be done “a week or two after Hari Raya".

 

The other judges who heard the appeal before a packed courtroom were Justices Idrus Harun and Abdul Rahman Sebli.