Bersih says Malaysian court denied constitutional right of overseas voters

January 07, 2012

KUALA LUMPUR, Jan 7 — Bersih has said it is unconstitutional for the High Court to dismiss yesterday the application of six Malaysians residing in Britain to be registered as absent voters.

The electoral reform movement said in a statement last night the High Court here “failed to uphold the constitutional right” of “not just the six applicants but up to approximately 700,000 overseas Malaysians.”

Judge Datuk Rohana Yusuf had ruled that the applicants “clearly” did not come under the allowed absent voter category.

The Elections (Registration of Electors) Regulations 2002 define “absent voters” as citizens who are members of the armed forces, public servants, full-time students, or their spouses who are allowed to cast postal votes.

But Bersih said Article 119 of the Federal Constitution clearly defines an absent voter as any qualified and registered voter who is not a resident in his or her constituency.

“It is the duty of the Election Commission (EC) to uphold the democratic rights of all citizens of Malaysia. However, the EC has failed to uphold the right to vote of overseas Malaysians,” the coalition of 62 NGOs said.

Bersih, whose July 9 rally last year drew tens of thousands of supporters to march for free and fair elections in the capital, insisted that reform of absentee voting is of “utmost importance” and called on the EC to immediately amend election regulations to “enfranchise all overseas Malaysians.”

Rohana said yesterday the six were not challenging the validity of Regulation 2 of the Elections Act, which defines the term “absent voter” but instead disputed a “perfectly valid” decision of the EC.

On October 25 last year, the plaintiffs applied for judicial review to compel the EC to register them as absent voters in the next general election.

They had sought a declaration that, as Malaysians staying abroad, they were entitled to be registered as absent voters, and directed the EC, named as the sole respondent, to register them.

They also sought to quash a decision by the EC, which notified them in a letter dated September 9 the same year, that it would not register them as “absent voters”.

“The application, in my view, is ludicrous and bordering on an abuse of the court process,” Rohana had ruled.

The government set up a parliamentary select committee to improve elections after international condemnation of its clampdown on the July 9 rally which saw over 1,500 arrests, scores injured and the death of an ex-soldier.

But opposition leaders, who strongly supported the march, have threatened further protests if electoral reforms including eight key demands by Bersih are not implemented before the next general election.

2 comments:

Anonymous said...

Please allow me to introduce you to Dr.Jeffry Kitingan. Dr.Jeffry Kitingan is from Sabah. Dr.Jeffry Kitingan graduated from Harvard University. The Hindu Malaysians and Dr.Jeffry Kitingan have more things in common than we probably realize.

Dr.Jeffry, in the past, was detained under the infamous ISA. Many Hindu Malaysians, in the past, have also been detained under the ISA.

Dr.Jeffry Kitingan is a Christian, and thus, a non-Muslim. Hindu Malaysians are also non-Muslim Malaysians. That is, both Dr.Jeffry and Hindu Malaysians are non-Muslims.

Hindu Malaysians have tried many political parties to seek better representation. Dr.Jeffry Kitingan also has tried many political parties before bringing together his Borneo Agenda/United Borneo Front and Third Front in Malaysian politics. I think, for Sabah, they must choose between Malaysia First or Sabah First. If the Sabahans cannot get the Federal government to accept Malaysia First at all levels, then the same Sabahans must go for secession by insisting on Sabah First. Sabah First means secession. In short, Malaysia first or secession for Sabah.


When Mr.Lee Kuan Yew, in the 1960's, insisted on Malaysia First at all levels, the honorable Tunku Abdul Rahman responded by expelling Singapore from the Federation. Now we have Dr.Jeffrey Kitingan from Sabah who has his Borneo Agenda/United Borneo Front. We will wait and see what happens? Will the Federal government expel Sabah from the Federation? If the Federal government expels Sabah from the Federation, then it may be good news for Sabahans. We will wait and see.


Now, let's discuss the Malay Regiment. Unlike other Malaysian Regiments, the Malay Regiment is a special regiment. The Malay Regiment is the only regiment that is allowed to recruit Muslims and Malays. Why only Muslims and Malays? The Malay regiment is a segregated regiment. Why? The Malaysian armed forces must be integrated. We, the non-Muslims, need an answer. It is all about Malaysia first or Islam first. The non-Muslim Malaysians need unambiguous answers. Does the Malay Regiment serve the Muslims or Malaysia? Does the Malay Regiment fight for Malaysia or Islam? The Malay Regiment has to choose between Islam and Malaysia because they cannot have both. As a matter of fact, all Malaysian citizens should put Malaysia first. Even the King/Agung should always put Malaysia first. Even the Constitution of Malaysia should put Malaysia above everything else.

Dr.Jeffry Kitingan has often been called a frog because he has hopped from one political party to another. He most certainly is a frog. There are advantages at hopping from one political party to another. Being branded a frog is sometimes the best thing. Each time you move from one political party to another, you gain experience. Thus, he has gained a lot of experience. Through trial and error he has learned a lot.


Thomas Alva Edison said, "I have not failed. I've just found 10,000 ways that won't work". Robert F. Kennedy said, " Only those who dare to fail greatly can ever achieve greatly".

Failure is success if we learn from it. I am sure Dr.Jeffry Kitingan has learned a lot. I hereby would like to ask all Hindu Malaysians to give their support to Dr.Jeffry Kitingan. . I hereby would like to ask all Hindu Malaysians to form an alliance with Dr.Jeffry Kitingan. May he help to create a Malaysia where Malaysian citizens will put Malaysia first. May he help to create a Third Front in Malaysian politics. May all Malaysians who believe that changing faith is an inviolable human right to be supportive of Dr.Jeffry Kitingan.

Anonymous said...

Thomas Alva Edison said, "I have not failed. I've just found 10,000 ways that won't work". Robert F. Kennedy said, " Only those who dare to fail greatly can ever achieve greatly".

Failure is success if we learn from it. I am sure Dr.Jeffry Kitingan has learned a lot. I hereby would like to ask all Hindu Malaysians to give their support to Dr.Jeffry Kitingan. . I hereby would like to ask all Hindu Malaysians to form an alliance with Dr.Jeffry Kitingan. May he help to create a Malaysia where Malaysian citizens will put Malaysia first. May he help to create a Third Front in Malaysian politics. May all Malaysians who believe that changing faith is an inviolable human right to be supportive of Dr.Jeffry Kitingan.


If the Malaysian government does not put Malaysia first, then Sabah must take the next step; the next step is to completely secede from Malaysia. So, the step by step Sabah plan should be "Malaysia first or secede from Malaysia". It is only fair that Sabah try Malaysia first. Everybody has to put Malaysia first. The Prime Minister has to put Malaysia first. The National Parliament has to put Malaysia first. The Agung/King has to put Malaysia first. The Malaysian armed forces has to put Malaysia first. Malaysia first or secede from Malaysia. I hope all Hindu Malaysians will be supportive of Dr.Jeffry Kitingan.


Please pass the word around to all Hindu Malaysians to keep an eye on Dr.Jeffry Kitingan at the political level. Dr.Jeffry Kitingan is a Christian and therefore all Christian Malaysians should be supportive of him. Either the Federal government put Malaysia first or they allow Sabah to secede. That's it. Please feel free to copy and re-mail this composition to anybody.