Sarawak legislative assembly to appeal against Pujut ruling

Sarawak Law, State Federal Relationship & Project Monitoring Assistant Minister Sharifah Hasidah Sayeed Aman Ghazali in a statement here today said the move was important as there was a need to determine with a greater degree of clarity the precise boundaries of constitutional authority between of Govemment, namely, the Legislature (DUN) and the Judiciary, which is essential for a functional Democracy.

She said a more authoritative judicial determination from a higher court was essential on the issue surrounding when or whether judicial intervention on the DUN's proceedings was permissible under the doctrine of separation of powers between the various branches of government.

Dr Ting was disqualified as an assemblyman on May 12, after a motion tabled by Sarawak Second Finance Minister Datuk Seri Wong Soon Koh was passed with a 70-10 vote in the DUN, as he was alleged to have previously acquired dual citizenship (Malaysia and Australia).

However, 10 days after Dr Ting filed an originating summons to challenge the state assembly's decision, justice Datuk Douglas Cristo Primus Sikayun ruled that the State Legislative Assembly's decision to disqualify the DAP Assemblyman as Pujut assemblyman was unlawful.

Sharifah said the High Court decided that the DUN had acted outside its constitutional limits when passing the motion to disqualify the Member for Pujut, despite the provisions of Article 19(1) of the State Constitution which declared that such a decision of the DUN was final.

She said the high court also had not come out with a definitive interpretation of Article 17(l)(g) of the State Constitution on disqualification from election to the DUN when a person acquired foreign citizenship.

"...the higher court could provide this interpretation to provide guidance to all relevant public bodies including the Election Commission and aspiring election candidates, as to whether a person is still qualified to seek election to the DUN once he acquired citizenship of another nation regardless of his subsequent renouncement of that citizenship," she said in a statement here today.

She said the decision by the Appellate Court on the issues would not only determine whether the Member for Pujut should vacate his seat in the DUN under Article 18(2)(a) of the State Constitution, but more importantly, the decision would ultimately avoid future controversies on the precise constitutional boundaries between the legislature and the judiciary.

"The Notice of Appeal will be filed by the State Attorney General on behalf of the DUN within the time prescribed by the relevant Rules of Court," she added.