CMA amendments: Wan Saiful pans provision allowing defective warrants

PARLIAMENT | An opposition has criticised a provision in the proposed amendments to the Communications and Multimedia Act 1998 that would allow a search warrant to remain valid even if it is defective.

Wan Saiful Wan Jan (PN-Tasek Gelugor) argued that if the proposed legislation becomes law, Malaysia might as well do away the requiring a warrant to conduct a search.

“Section 233 is considered the most oppressive. I still remember when we discussed the Pakatan Harapan manifesto, this was the section we wanted to abolish.

“But this government is not abolishing it. Instead, they are expanding its scope and adding more to it, making it even thicker, including detailed explanations.

“In reality, even with explanations, there remains room for abuse of power. And now, under Section 248A, even defective warrants can be accepted.

“If this is the case, I don’t know what lawyers in this chamber think - how can defective warrants be accepted?

“We might as well have no warrant requirements at all if defective ones can be accepted,” Wan Saiful (above) said during the debate on the Communications and Multimedia (Amendment) Bill 2024 in the Dewan Rakyat today.

The bill introduces a slew of amendments to the controversial law, including the insertion of Section 248A.

It reads: A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the search warrant or the application for such warrant and any book, account, document, computerised data, record or other thing seized under such warrant shall be admissible in evidence in any proceedings under this Act.

Authoritarian state

Expanding on his remarks, Wan Saiful acknowledged that the government is introducing some positive changes through the amendment bill.

However, he argued that the amendments also reflect the government’s attempts to deprive citizens of their rights.

“Although there are good aspects brought by the government, they are leading our country closer to being an authoritarian state.

“The Federal Constitution, in Articles 5 and 10, provides certain rights to every citizen. However, it seems this government is doing everything it can to deny those rights.

“I have also received a lot of input from NGOs and companies involved, and some companies are hesitant to share their views with us on this side (the opposition) for fear of government retaliation.

“The atmosphere has become one of fear, even to speak to the opposition. Imagine if these amendments are passed as they stand. I am also informed that even NGOs involved in consultations are rejecting these amendments,” he said.

Wan Saiful urged the government to reconsider implementing and amending the bill.

“If consultations between NGOs and those involved were truly beneficial and effective, these are the questions that arise. That’s why I ask the government to reconsider removing the amendments that my colleagues will highlight shortly.

“If we are to pass this bill, let it be the good parts only. If you promised to abolish certain provisions, please abolish them so this government does not continue deceiving the people,” he added.

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