Govt motion to renew key Sosma provision defeated, 2 votes shy
PARLIAMENT | The Dewan Rakyat has voted down a motion to extend the enforcement period for a key provision under the Security Offences (Special Measures) 2012 Act (Sosma).
The provision in question is Section 4(5) of Sosma, which allows for detention without trial for up to 28 days and must be renewed by both houses of parliament every five years to remain valid.
Only 84 MPs supported the renewal when a bloc vote was called...
PARLIAMENT | The Dewan Rakyat has voted down a motion to extend the enforcement period for a key provision under the Security Offences (Special Measures) 2012 Act (Sosma).
The provision in question is Section 4(5) of Sosma, which allows for detention without trial for up to 28 days and must be renewed by both houses of parliament every five years to remain valid.
Only 84 MPs supported the renewal when a bloc vote was called, compared to 86 who opposed it. Another 50 MPs were absent.
This means the provision will no longer be in force once it lapses on July 31, 2022.
Home Minister Hamzah Zainuddin had tabled the motion earlier today and it was debated by 19 MPs.
The last time a government lost a vote in Parliament was 2019. However, that vote involved a constitutional amendment bill which required two-thirds (148 votes) to pass.
The vote on the motion today only required a simple majority among those present. The full list of votes will appear on the Hansard in a day or two.
However, Putrajaya can table the motion at any time and put it to a vote again when it is assured of its MPs’ attendance.
In his proposal, Hamzah stressed that it was important for the Dewan Rakyat to give a further extension to the provision, which has to be reviewed and passed by both the upper and lower houses of Parliament every five years.
According to the minister, it was a crucial instrument that is needed by the police to investigate special crimes that require complex and extensive scrutiny, which often consumes a lot of time especially if they involve large syndicates or require assistance from law enforcement agencies in other countries.
Such cases include terrorism and organised crime activities, said Hamzah.
However, MPs who were against the proposal had debated that Sosma is a draconian law and Section 4(5) is especially open to abuse of power.
They also argued that the provision is inhumane as it denies a detainee’s rights to counsel and to challenge their detention through the court process, with exception to procedural issues.
Votes of tardy MPs not counted
Debates on the proposal went on for about four hours before a bloc vote was called.
Deputy Dewan Rakyat speaker Ramli Mohd Nor initially ordered for Parliament’s bell to be sounded for two minutes, to call in MPs who were outside the hall to enter for a bloc vote.
However, after a while, he ordered the session to stand down for 10 minutes, to the dismay of opposition MPs who questioned his decision.
When the Dewan Rakyat came back into session, speaker Azhar Azizan Harun who had taken over from Ramli initiated the vote-counting session.
However, shortly into it, a loud commotion was overheard as opposition MPs objected to the presence of several more government representatives who had just entered the hall when voting had started.
Azhar then ruled that the votes of MPs who came in after the voting session started were not going to be counted.
It was learned that three government MPs including Communications and Multimedia Minister Annuar Musa were not allowed to vote due to arriving late.
Govt not in crisis
However, Parliamentary observer Ong Ooi Heng said this doesn’t mean the government is facing a crisis of collapse since it’s just a normal government motion.
Ong explained, according to the convention of the Westminster system, only when a motion of confidence or supply bill fails to pass shall it mean that the current government had lost majority support in Parliament.
Hence, there is no need for the minister or the prime minister to resign over the incident.
However, the former Backbenchers Council Coordinator told Malaysiakini that the incident might have been caused by either a purely technical issue or there was political motivation behind it.
“The technical issue was that the numbers of ruling and opposition MPs were very close and the government MPs were late during the voting process.
“The political reason means there might be some MPs who purposely did not turn up during the voting session.
“We need to keep observing the following days to get a clearer picture, such as how politicians from both sides talk about this issue, who the 50 absentees were, if there are other government bills or motions facing a similar situation.
“If this happens repeatedly, it will create a perception that the government is in danger of collapse,” said Ong.
Report this comment
Are you sure you want to delete this comment?
This action cannot be undone.