Back
2021 MarsdenLR 523
HIGH COURT SABAH & SARAWAK KUCHING
IVAN ALEXANDER ONG & ORS – Appellant
Versus
THE PRIME MINISTER OF MALAYSIA & ORS – Respondent
[Judicial Review No: KCH-13NCVC-11-5-2021]
The court affirmed that the delay in implementing constitutional amendments on voting age is unreasonable and mandated immediate action to operationalize the changes.
Headnote:(A) Federal Constitution – Constitution (Amendment) Act 2019 – Amendment of Articles 47 and 119 – The amendment lowers the voting age from twenty-one years to eighteen years, including amendments regarding automatic voter registration (AVR) – The Act was passed unanimously on 16 July 2019 and later gazetted – The Cabinet is required to advise the Yang Di-Pertuan Agong (YDPA) to appoint an operational date for Section 3 of the Act "with all convenient speed" – The court held that the decision to delay implementation to after September 2022 was unreasonable and contrary to the duty to act swiftly. (Paras 1, 32, 92)
(B) Judicial Review – The applicants argued that the deferment of s 3's implementation was improper and sought mandamus for immediate enforcement – The court emphasized the need for expeditious action in bringing constitutional amendments into effect. (Paras 25, 92)
JUDGMENT
[1] The Constitution (Amendment) Act 2019 ("the Act") which was passed by the Dewan Rakyat on 16 July 2019 on a unanimous vote of all 211 members present that day and on 25 July 2019 by the Dewan Negara, reads:
Act A1603
CONSTITUTION (AMENDMENT) ACT 2019
An Act to amend the Federal Constitution.
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Constitution (Amendment) Act 2019 .
(2) Section 3 of this Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
Amendment of art 47
2. The Federal Constitution is amended in art 47, in paragraph (b), by substituting for the words "twenty-one years" the words "eighteen years".
Amendment of art 119
3. Article 119 of the Federal Constitution is amended-
(a) in Clause (1), in paragraph (a), by substituting for the words "twenty-one years" the words "eighteen years"; and
(b) in Clause (4), in paragraph (b), by substituting for the words "applies for registration" the words "is registered".
Amendment of Eighth Schedule
4. The Eighth Schedule to the Federal Constitution is amended in s 5 by substituting for the words "twenty-one years" the words "eighteen years".
[2] In the Affidavit filed on behalf on the 1st and 2nd respondents, the Honourable then Prime Minister of Malaysia described the legislative history of the Act as follows:
"7. The Constitution (Amendment) Bill 2019 (D.R 14/2019) was read for the first time in the Dewan Rakyat on 4 July 2019, among others, only lowered the voting age from 21 years to 18 years and did not contain any provision relating to automatic voter registration (AVR).
8. The opposition (at that time) proposed that not only youths under the age of 18 be given the right to vote but also have their voices in the Dewan Rakyat and be automatically registered upon attaining the age of 18. As a result, D.R 14/2019 was withdrawn on 10 July 2019. The opposition in principle agreed with the proposal to lower the voting age for Malaysians from 21 to 18 but required that its implementation be done simultaneously with the implementation of automatic registration. The condition was a package deal to garner the opposition's support for the tabling of the Bill by the Government, where it has received a 2/3 majority support with a total of 211 MPs supporting.
9. Thus, the Constitution (Amendment) Bill 2019 (D.R 21/2019) was introduced which is an improvement to the D.R 14/2019 among others, provisions relating to AVR and amendments to the minimum age of candidates for Dewan Rakyat and DUN members.
10. D.R 21/2019 was passed by the Dewan Rakyat on 16 July 2019 and the Dewan Negara on 25 July 2019 without amendment and became the Constitution (Amendment) Act 2019 [Act 1603]
A copy of D.R 14/2019 and D.R 21/2019 are attached herewith and marked as exhibits "MMY-1" and "MMY-2".
[3] The D.R 14/2019 Bill and the D.R 21/2019 Bill exhibited are reproduced below:
D.R 14/2019 Bill
A BILL
i n t i t u l e d
An Act to amend the Federal Constitution.
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Constitution (Amendment) Act 2019 .
(2) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
Amendment of art 119
2. The Federal Constitution is amended in art 119, in Clause (1), in paragraph (a), by substituting for the words "twenty-one years" the words "eighteen years".
D.R 21/2019
A BILL
i n t i t u l e d
An Act to amend the Federal Constitution.
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Constitution (Amendment) Act 2019 .
(2) Section 3 of this Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
Amendment of art 47
2. The Federal Constitution is amended in art 47, in paragraph (b), by substituting for the words "twen
