KUCHING: Since the delivery of the Judgment last Saturday on the case brought by the Member for Pujut regarding his disqualification from membership of the Dewan Undangan Negeri (‘the Dewan”) many comments and analysis on this Judgment have appeared in the print and social media, said a media statement issued by Assistant Minister for Law, State Federal Relationship and Project Monitoring Sharifah Hasidah bt Sayeed Aman Ghazali yesterday.
“In view thereof, I would like to clarify and explain why the Dewan should appeal against this Judgment to the Court of Appeal. The Appeal would be in the interests of the State for these reasons:
Firstly, there is a need to determine with a greater degree of clarity the precise boundaries of constitutional authority between two branches of Govemment, namely, the Legislature/Dewan and the Judiciary which is essential for a functional Democracy. The High Court has decided that the Dewan has acted outside its constitutional limits when passing the motion to disqualifu the Member for Pujut despite the provisions of Article 19(1) of the State Constitution which declared that such a decision of the Dewan is final,” she said through the press release.
“Thus, a more authoritative judicial determination from a higher court, of this important matter is essential on the issue when or whether judicial intervention on the Dewan’s proceedings is permissible under the doctrine of separation of powers between the various branches of Government.
“Secondly, a proper interpretation of the provisions of Article 17(l)(g) ofthe State Constitution on disqualification from election to the Dewan when a person acquired foreign citizenship is required. The High Court has not in its judgment come out with a definitive interpretation of this Article. Therefore, on appeal the higher court could provide this interpretation to provide guidance to all relevant public bodies including the Election Commission and aspiring election candidates, as whether a person is still qualified to seek election to the Dewan once he acquired citizenship of another nation regardless of his subsequent renouncement of that citizenship.
“Thirdly, the decision by the appellate Court on these issues will not only determine whether the Member for Pujut should vacate his seat in the Dewan under Article 18(2)(a) of the State Constitution, but more importantly, this decision would ultimately avoid future controversies on the precise constitutional boundaries between the Legislature and the Judiciary so that the State could have a stable and functional system of democratic Govemment conducive for the sustaining the harmony and development progress of Sarawak.
The Notice of Appeal will be filed by the State Attorney General on behalf of the Dewan within the time prescribed by the relevant Rules of Court,” Hasidah concluded yesterday’s statement bearing her signature.
