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Thread: Delimitation: Sarawak proposes to increase DUN from 71 to 82 seats

  1. #11
    Join Date
    Oct 2008
    JAN 20, 2015, Rama Ramananthan

    Sarawak Re-delineation: A blind and deaf EC?

    Thanks to the mapping tools we now have,
    and volunteer professional analysts,
    there is no place for the EC to hide
    The Constitution stipulates a seven member Election Commission (EC) which enjoys public confidence. To ensure the Commissioners remain independent of the ruling party, the Constitution entrenches them in office after they are appointed. The Constitution does this by stipulating that Election Commissioners can be removed from office only in like manner and on like grounds as judges of the Federal Court (Clause 3 of Article 114).

    What level of public confidence does the EC enjoy?

    A large proportion of the public have no confidence in the EC. The public have turned out in massive numbers at Bersih rallies. Thousands have sacrificed their precious free time to train as Polling and Counting Agents (PACA) in the 2008 and 2013 elections. Thousands took vacation leave to serve as PACA. The public, through their sacrifices, have show the extent of their dismay over the EC.

    The reasons for the dismay are too numerous to count. I’ll list just three:

    Partisan former chairman. A former chairman of the EC, Tan Sri Abdul Rashid Abdul Rahman has said that from 2000 – 2008 when he was in the EC, three re-delineation exercises “ensured Malays remained in power.” (The Malaysian Insider, 25 November 2013). Rashid is now a Vice President of Perkasa, whose agenda is to entrench the special position of Malays in Malaysia.

    Polluted electoral roll
    . Professional researchers have propagated claims that there are issues with 27% of the names on the electoral roll. They have claimed that over 3 million persons in the roll have registered addresses which do not match their constituencies. They have claimed that over 100,000 names have been deleted from the roll without public display between 4Q2010 and 3Q2011. The EC has not used the courts to challenge the researchers to retract their claims. I presume this is because the EC doesn’t want to expose the truth behind what the former EC Chairman said.

    Indelible ink fiasco. Major Zaidi has been discharged from the Air Force for speaking to the media about the failed indelible ink used in GE13, and for revealing the action the Air Force took against him for rapidly revealing the truth in the national interest. Yet, despite hundreds of police reports made about the “indelible ink,” the EC has taken no responsibility. No one has been held to account except the honest Major.

    For the reasons stated above and much more, the EC does not enjoy public confidence.

    Therefore the public is wary of anything the EC does. Therefore concerned citizens have formed groups to educate one another and monitor the EC. Therefore there are many revelations about the shenanigans of the EC: their secret activities and manoeuvring.

    Based on the Constitution, and harnessing software, two citizens groups, DART (Bersih 2.0) and Tindak Malaysia, have honed their powers of analysis and appointed themselves as watchdogs over the EC. They have even created alternative constituency maps. These groups can rapidly analyse any proposals from the EC.

    For Bersih 2.0, Dr Wong Chin Huat has analysed the Sarawak display. The following is a condensed version of his work, with some research and analysis of my own.

    Analysis of Sarawak Display

    Key Constitutional Requirements

    1. The topography and population distribution must be considered during delimitation exercises (Article 114, Clause 2).
    2. Constituencies must be bounded such that (a) & (b) voters do not have to travel excessively to cast their votes; there are adequate administrative facilities; (c) they are “approximately equal” in voters and (d) the collective voices of settled local communities are not fragmented (13thSchedule, Clause 2).
    3. The Notice of Delineation Gazetted by the EC must state “the effect of their proposed recommendations” (13th Schedule, Clause 4 (a)).
    4. The EC must provide the means for voters’ to exercise their responsibility for reviewing the constituency boundaries proposed by the EC.
    5. Voters should evaluate the effects of the proposals and point out potential deficiencies by “making representations” at enquiries conducted by the EC.

    The EC has failed on 12 counts

    For voters to make representations, they need to know the effects of the changes. They need to be told the changes and the effects. The EC’s Gazetted Notice and the displays for the Sarawak delineation have failed on at least twelve counts:

    1. Effects not revealed. The Notice does not describe the effects of the proposed recommendations, e.g. the present population of the constituencies and the expected population during the next delineation (2022), the number of voters affected, the land areas of the constituencies, etc.
    2. Fulfilment of “approximately equal” not revealed. Every delineation should result in the smallest and the largest constituencies approaching closer to the average constituency size in terms of numbers of voters.The Notice and the Displays do not show how the results of the new delineation fulfils the Constitutional principle of “approximately equal” numbers of electors within constituencies in a state.The Notice and the Displays do not provide sufficient information to assess whether remaining disparities in sizes between constituencies are based on Constitutional provisions. Amazingly, one of the 11 proposed new state constituencies, Gedong, is the smallest of the 81 constituencies.
    3. Less detail than in GE13 maps – 2 versus 3 levels. The maps on display do not show the level of detail voters and local authorities are accustomed to. The EC’s GE13 Constituency maps showed boundaries for voting districts, state constituencies and parliamentary constituencies. The maps on display do not include voting districts.
    4. Less detail than in GE13 maps – critical features are missing. The maps shown at the Displays are scaled 1:600,000, and do not show mountains, rivers, roads, villages. The GE13 maps were scaled 1:125,000, and do show mountains, rivers, roads, villages.
    5. GE13 maps not displayed. The Displays do not include the maps used in GE13. Only the new maps (with much less detail) are shown. A natural principle in change management is to compare “what-is” with “what-is-proposed” to the maximum extent possible. Potential objectors cannot do so without the GE13 maps.
    6. Moved voters not revealed. From the Notice we can calculate that more than 120,854 voters will be moved out of their current constituencies. The Displays do not state which constituencies the EC proposes to move these voters into.Since ‘affected’ voters are not informed, they will not know – either to object now or to turn-out at the right polling station on voting day; they will not know whether their collective voices with their local neighbours are fractured by the proposed boundaries.
    7. Number of new polling districts not revealed. The Displays do not announce the number of new polling districts which are proposed.
      The creation of new polling districts can be a good thing, enabling higher turnouts in elections. But when delineation is done by an EC which does not enjoy public confidence, another reason may dictate the creation of new polling districts: gerrymandering, the drawing of boundaries to favour one political party in the next election.

      The EC appears to be proposing 887 polling districts, against 861 in GE13 (26 additions). Neither the Notice nor the Displays explicitly state where these districts are.
    8. Polling districts not discoverable on maps. Analysts have not been able to locate, on GE13 maps, 118 of the polling districts named by the EC.Of the ‘missing 118,’ 29 are new districts; the remaining 89 districts cannot even be found on the GE13 maps. 64,451 voters cannot be located on the map.
    9. Reducing the value of urban votes. The proposed new boundaries give greater value to rural votes. There is no constitutional basis for this, since the constitution only allows for smaller constituencies on the basis of lack of administrative facilities and duration of travel. The EC has failed to respect the constitution.
    10. No basis for the number of seats and the number of Displays. When a change is proposed, it is natural to expect that some reason will be given for the change.
      The EC has provided no basis whatsoever for increasing the number by eleven. Why eleven? Why not three? Why not fifteen?

      If it is there are good reasons to increase the number of state seats, why aren’t the same reasons used to propose an increase in the number of Parliamentary seats?82 constituencies are proposed. Yet the displays are only in 51 locations.
    11. Selective use of technology. The Gazetted notice was uploaded onto the internet by the Attorney General’s chambers. The EC did not upload its displays until Bersih 2.0 protested. In any case, what has been uploaded is inadequate.
    12. Deliberate decisions to hide vital information. All of the information which the EC has chosen not to reveal is readily available with the EC, since technology has been harnessed to create the maps and documents.
      Though there has been so much protest and organization against the EC, the EC chooses to reveal no more than what was revealed in the first delineation 46 years ago, in 1968.

      The EC also does not say what changes it has made in response to feedback from groups including Bersih 2.0, Tindak Malaysia and the People’s Tribunal.


    1. The EC’s failure to enumerate the changes and the effects shows the EC considers the Constitutionally-mandated participation of the public to be a hindrance rather than a core process which empowers voters.
    2. The EC’s decision to limit the shared information to what was revealed 46 years ago shows the EC fears transparency will reveal its true agenda. The EC insists on providing a telescopic view while the public expects a microscopic view.
    3. The EC’s decision not to use the internet in addition to other means shows it fears widespread public scrutiny of its recommendations.
    4. The EC has shown it does not care what the public thinks about it.
    5. The EC has contravened the Constitution by diluting the voices of urban voters.
    6. The numerous discrepancies which analysts have picked up despite the EC’s obscurantism indicate that the Notice and the Displays are severely flawed.
    7. The EC’s Sarawak delineation exercise has added more reasons for the public to lack confidence in the EC.

    The EC has completely disregarded the people’s movement in Malaysia. The Sarawak delineation is the latest statement by the EC that it has chosen to be blind and deaf to the representations of the public over the past few years. Will this EC’s choices in the Sarawak delineation lead to another massive outpouring of protest by the public?

    Want to join the next wave of protest? Click here for advice from BERSIH 2.0.

  2. #12
    Join Date
    Oct 2008
    Civil Society Questions Rationale of SPR’s Delineation Proposals

    Rise of Sarawak Efforts (ROSE), a group of concerned citizens, is unhappy with the un-equalised constituencies proposed by the Suruhanjaya Pilihan Raya (SPR) in its recent electoral delineation and delimitation exercise.

    After detail analysis of the SPR proposals to increase Sarawak’s DUN seats by 11 constituencies (from 71 to 82), ROSE believes that the SPR has failed to comply with its constitutional obligations as defined by Section 2 (c), Part 1 of the Thirteenth Schedule to the Federal Constitution which states:-

    the number of electors within each constituency in a State ought to be approximately equal except that having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies”

    Although duty-bound to adhere to this key principle, the SPR has not done so for reasons unknown. To date, despite repeated requests by political parties and interested civil society groups, the SPR has NOT provided voters and general public with any rationale as to how they arrived at their proposals.

    State constituencies with huge numbers of electors like Pelawan (N54 - 31,388 voters) and Pending (N10 - 30,881 voters) did not see their boundaries redrawn or any reduction in the number of voters. Instead, areas redrawn are rural constituencies like Murum (N66 - 7,648 voters) and Telang Usan (N77 - 6,691 voters), Gedong (N26 - 6340 voters) Furthermore, blatant discrepancies like Padungan (N9 - 22,873 voters) and Satok (N8 - 13,580 voters) which are urban DUN seats in Kuching city situated just next to each other were not redrawn for reasons only known to the SPR.

    The entrenched democratic principle of ‘One Vote, One Value’ has been further eroded. If based on 82 DUN seats and 31 parliamentary seats and the number of voters on SPR’s electoral roll @ 30th April 2014, the average number of voters for each state constituency (DUN) is 13,526 while for Parliament it is 35,778. To ensure compliance to the above constitutional principle and to ensure each voter has a vote of equal value, the number of voters in each DUN seat thus should not deviate too far from this Electoral Quotient (EQ).

    With the new EC proposals, one vote in Telang Usan is now worth 4.69 times that of a vote in Pelawan. One vote in Gedong is now worth nearly five times (4.95) that of a vote in Pelawan.

    SPR’s proposals hence do not improve the variations from the said average but instead have worsened them. Instead of enhancing democracy by equalizing the value of votes, the SPR has undermined democracy by unfairly redrawing constituency boundaries. SPR’s proposals are thus defective, unfair and undemocratic.

    Together with Tindak Malaysia, ROSE wishes to propose a better alternative proposal that comes in the form of an ‘Equalized Sarawak’ map with 82 state constituencies and 31 parliamentary constituencies. This “Equalized Sarawak” map was made possible through the use of open-source geographical information systems software called QGIS.
    The new boundaries generated by Tindak and ROSE better fulfil the constitutional principle of Section 2 (c), Part 1 of the Thirteenth Schedule to the Federal Constitution.

    DUN Variation from +107% of EQ to -50% of EQ Variation of +132% of EQ to -53% of EQ Variation of +29% of EQ to -24% of EQ
    PAR Variation from +142% of EQ to
    -49%of EQ
    Variation from+122%of EQ to -49%of EQ Variation of +28% of EQ to - 28% of EQ

    What is glaringly obvious from the series of constituency maps that ROSE (together with Tindak) have generated is that it achieves a far lesser degree of variation from the average number of voters in each DUN compared to the SPR proposals. Graphs and maps showing the variations for every DUN and PAR seats can be viewed at this website:

    SPR had previously stated that it employed a similar geographical system to come up with its proposals called the ‘Election Geographical Information System’ (EGIS). Why then did the variation from EQ increase in their 2015 proposal, instead of decrease? Why then are the SPR’s 2015 proposals so unequal?

    ROSE therefore calls upon the SPR to be transparent and to disclose the rationale of their proposed delineation and constituency review exercise to the general public. ROSE further calls upon the SPR to disclose why their seemingly robust rationale does not comply with the requirements of Clause 2 (c) of the 13th Schedule of the Federal Constitution.

    Meanwhile, ROSE urges all registered voters who are unhappy with the SPR constituency delineation proposals to urgently mobilise groups of a 100 or more persons within their constituency to object to these unfair proposals of the SPR.

    We urge voters to lodge their objections by 4th February 2015 to SPR’s office in Kuching. A sample copy of the Objection Form (Borang Bantahan) is available on our website.

    If voters have inquiries or need further assistance with drafting their objections, they may contact the ROSE team via email at:

    End/20th January 2015

    Contact person for press and media: Ann Teo 016-8604998

    .................................................. ..............


    PY Wong, Tindak Malaysia | Ahi Sarok, Universiti Sarawak Malaysia | Baru Bian, PKR State Assemblyman for Bakelalan
    26-Jan-15 12:23

    Earlier this month, the Election Commission released the delimitation exercise proposal for Sarawak, which saw an increase of 11 state assembly seats, bringing the total to 82 seats for the state. However, political parties and local analysts have questioned the redrawing of the lines for the constituencies, as well as the process of gazetting the proposal. We speak to activist PY Wong from Tindak Malaysia, analyst Ahi Sarok from University Malaysia Sarawak, and PKR state assemblyman Baru Bian, for their feedback on the proposal.

    Melanie Abraham and Haniff Baharudin contributed to this report.
    Last edited by pywong; 3rd March 2015 at 10:21 AM.

  3. #13
    Join Date
    Oct 2008
    31 Jan 10:00 AM

    Fair or not, the 11 proposed seats will make the difference


    OUTSPOKEN: When Bandar Kuching MP and Kota Sentosa assemblyman Chong Chieng Jen criticised the Election Commission (EC) over its delineation exercise involving 11 new proposed state seats, calling it a tool of Barisan Nasional (BN), he was flayed left and right.

    The state DAP chairman, clearly unhappy that new seats were not created for the state’s urban areas, said the delineation exercise showed EC was serving only BN and helping the ruling coalition to consolidate its position and power base.

    In response, state BN secretary-general Datuk Dr Stephen Rundi accused DAP of having no regard for the “underprivileged/minority groups”.

    “DAP has no sincerity to serve the rural people and the ‘Go Rural Drive/Impian Sarawak’ is merely political gimmick to capture Sarawak. To DAP, rural people are the hindrance to their political ambitions.”

    Chong had said too that EC’s action was a blatant disregard for the fundamental one-person-one-vote principle of fairness.

    To that, PBB supreme council member Datuk Abdul Karim Rahman Hamzah Abdul Karim said there was not one electoral system that was perfect.

    “We have adopted since independence the Westminster System and electoral based on constituency, where ‘rural bias’ is an accepted norm and not the ‘one-person-one-vote’.

    “DAP has won its present seats using this system and there is no point barking at the system. That will only make them look like fools.”

    PBB deputy president Datuk Amar Abang Johari Tun Openg, however, chose to clarify, saying factors taken into consideration by EC need not necessarily be based on the principle of ‘one person, one vote’.

    “Areas with less people must be represented at the State Legislative Assembly (DUN). But if the ‘one person, one vote’ serves as the sole criterion to determine if an area can become a new constituency, then in remote areas there would not be any elected representatives. If based on ‘one person, one vote’, then Ba’ Kelalan will not be represented at all.”

    EC also explained. In a Malaysian Insider report, its chairman Tan Sri Abdul Aziz Mohd Yusof said it would be “impossible” to guarantee equal value for every vote, citing geographical and logistical concerns.

    Abdul Aziz went on to cite the differences in the terrains of Borneo’s rugged interiors in Sabah or Sarawak and the crowded metropolitan streets in cities over in the peninsula.

    “In Sabah for example, we take Kinabatangan... the size of this one constituency is as big as the entire state of Pahang... but the number of voters are small.

    “If we wanted to give the same value to voters in Kinabatangan to voters in Pahang, we would have to enlarge the Kinabatangan constituency to at least three times its size to include more voters.

    “But would this be fair? How would the elected representative service his or her constituents in such a large area?” he said.

    Abdul Aziz also reminded that in the more remote areas of the country, the lack of basic infrastructure like roads, communication lines, local district offices and other essential amenities, must be considered when the EC draws electoral boundaries.

    “In places like Kuala Lumpur... although we have large populations living in small areas, the facilities are good. You cannot compare them to the remote areas of Sabah and Sarawak.

    So we have heard the arguments.

    For the state DAP, it is not hiding its disappointment. And so too the state PKR, whose chief Baru Bian said while he welcomed the creation of new seats in the rural areas, at the same time, justice must be served in the urban areas.

    “Gerrymandering and malapportionment are devices used by the BN government to manipulate the electoral system in their favour and we must fight for the rights of all Malaysians to fair representation and a government of their choice.

    “Our electoral system must move closer towards parliamentary democracy and the ‘one person one vote’ ideal with each seat delineation exercise, instead of regressing or remaining stagnant.”

    Baru said he stood by what he said about the urban seats having around 30,000 voters, the value of each vote being far less than each rural vote.

    He said unfortunately EC chairman had not deigned to address his mind towards correcting this “glaring malapportionment that is shouting out for some attention”.

    Of course Sarawak United People’s Party (SUPP) saw it fit to get into the fray, after all it must be seen to fight for the urban voters.

    SUPP secretary-general Dato Sebastian Ting said the party viewed the current exercise as not up to the cardinal principle of democracy, which is one man, one vote.

    “All seats that have large number of voters are urban-based. Urban voters are mostly educated, trained and exposed. It is a source of human talent and leaders. Giving urban voters more representatives who are likely to be more educated and trained will benefit the whole state. The quality of elected representatives will improve.

    “Figures show that except for one seat, all 13 seats with more than 20,000 voters are Chinese-majority seats.

    “In fact all Chinese-majority seats have more than the average number of voters which means the system discriminates against them. This leads to resentment as they see this as unfair.

    “Urban voters have been greatly dis-enfranchised as their votes carry 20 per cent less weight than that of the rural man’s vote.”

    And so SUPP launched a campaign it calls ‘Sarawakians Want Electoral Fairness’ to push for a “fairer” electoral system.

    Taking the lead is the party’s Bawang Assan branch chairman Robert Lau: “We are going out to the people of Sarawak to support our signature campaign. We want to compile this to say: ‘Yes, this is the say of Sarawakians’.”

    I guess we must all have our say, and it’s only when all have been said that there will be basis for a decision to be arrived at. That’s also basic democracy principle.

    But I prefer to look at how the 11 new seats could drastically change Sarawak’s long established political tradition at the top echelon of the political ladder.

    PBB as we know it, is made up two components – Pesaka, the Dayak part of it, and Bumiputera, for the Malay/Melanau. In Pesaka are the Ibans, Bidayuh and Orang Ulu.

    Ever since PBB took over the state’s political mantle and Bumiputera’s Tun Abdul Rahman Yakub became chief minister, deputy chief minister has been an Iban not only because the Ibans are Sarawak’s majority ethnic group but also because their assemblymen are the next biggest after their Malay Melanau counterparts in PBB.

    Today PBB’s assemblymen are: Malay/Melanau – 26; Ibans – 5; Bidayuhs – 3; and Orang Ulu – 1.

    That can all change with the coming of the new seats: Batu Kitang, Stakan, Serembu, Triboh, Gedong, Kabong, Tellian, Selirik, Murum, Samalaju and Long Lama.

    Out of the 11 seats, one is a Chinese majority seat (Batu Kitang), three are Iban majority seats (Stakan, Selirik and Samalaju), two are Bidayuh majority seats (Serembu and Triboh), two are Orang Ulu majority seats (Murum and Long Lama) and three are Malay-Melanau majority seats (Gedong, Kabong and Telian).

    If the proposal goes through, Malay/Melanau majority seats will increase from 27 to 30, Iban majority seats will be 22 (from 19), Chinese majority seats will increase by one to 16, Bidayuh majority seats will increase from six to eight and Orang Ulu majority seats will be six (from four).

    Now, most of my politician friends think state BN chairman, Chief Minister Tan Sri Adenan Satem, will have to solve the issue of BN-friendly parties first before he can even think of allocating the new seats.

    They think he has to please SPDP and SUPP, which he could do by giving them back a fair number of their traditional seats. Only if these two parties are happy can Adenan begin to work on allocating the 11 seats.

    They say you can be sure if SPDP and SUPP are happy, Parti Tenaga Rakyat Sarawak (Teras) and United People’s Party (UPP) will be seething with anger, meaning Adenan has a tough decision to make.

    And Adenan will have to think of his No. 2 party – PRS. Tan Sri Dr James Masing will want at least two new seats.

    SPDP also wants two of the new seats, of course in addition to their traditional seats.

    If Adenan can convince SUPP to agree, and SUPP is satisfied, it probably will be happy to get just one of the new seats.

    So that’s five seats settled, probably Batu Kitang, Stakan, Selirik, Samalaju and one Orang Ulu seat, which leaves PBB with six.

    PBB’s six seats are three for Bumiputra, three for Pesaka – two Bidayuh and an Orang Ulu seats.

    If that happens, PBB state legislators will be 29 Malay-Melanau, Iban remains at five, Bidayuh five and Orang Ulu two.

    Here’s the crunch: Position No. 1 in Pesaka will no longer be for the Ibans alone. They will be sharing this position with the Bidayuhs.

    With Tan Sri Alfred Jabu having seen better days and age not on his side – besides having no clear successor from among the Iban assemblyman – Adenan will be going against his better judgement not to pick the next most senior Pesaka man, Datuk Seri Michael Manyin Jawong, the Bidayuhs’ most revered leader today, as deputy chief minister.

    The Ibans need not worry, though. They may be losing Jabu, but Adenan can always go back to the days of Parti Bansa Dayak Sarawak (PBDS), when his predecessor Tun Abdul Taib had three deputies.

    If and when Adenan needs a qualified Iban deputy chief minister, he has one in Masing.

    In the Sarawak context, that’s what I call real change.

    JIMMY ADIT is a by-product of journalism’s school of hard knocks. A has-been politikus, today he relishes life in the fringes of politics.


  4. #14
    Join Date
    Oct 2008
    DAP warns commission of legal actions against redelineation

    Posted on February 4, 2015, Wednesday
    Chong (seated, left) signing a document when submitting Sarawak DAP’s objections/recommendations to the EC in Kuching. — Photo by Muhammad Rais Sanusi

    KUCHING: Sarawak DAP has warned the Election Commission (EC) that it could face multiple legal actions from the opposition, unless the redelineation exercise is done fairly.

    While hoping that the judicial review filed by state PKR to declare as null and void the EC’s notice of proposed redelineation recommendations could succeed, Sarawak DAP chairman Chong Chieng Jen said his party was playing a different role by submitting their objections and proposals.

    “We are putting our objections. It doesn’t matter if you knock them out but if it is unreasonable, there will be another court action.

    “I don’t think they can have a plain sailing in this redelineation exercise unless they do it fairly and reasonably,” he said after handing the party’s objections/recommendations to the state EC office at Bangunan Sultan Iskandar, here, yesterday.

    Sarawak DAP, led by Chong, yesterday submitted five objections and recommendations to the EC, of which two were from Lanang and Sibu.

    In Kuching, besides recommending for Main Bazaar and Market polling districts that is currently under Padungan state seat to be included into Satok state seat, the party also proposed the creation of a new Tabuan Jaya state seat and new parliamentary seat Sungai Maong.

    “We are proposing that the new Tabuan Jaya state seat will take up four polling districts from Pending namely Kenyalang, Supreme, Chong Kiun Kong and Simpang Tiga and two polling districts from Batu Lintang namely Tabuan Jaya and Tabuan Laru.”

    Chong, who is also Bandar Kuching MP, said with the creation of the new state constituency, the number of voters in Batu Lintang and Pending state seats would be reduced to 15,312 voters and 20,315 voters respectively.

    “The reason for this creation of new seat is because the average number of voter per state seat in Sarawak is 13,526 voters, that is if you take the total number of voters and divide them by
    82 seats.”

    “At the moment, Pending has 30,881 voters, Batu Lintang has 24,614 voters which is way above the average. So to balance number of voters, we should have another extra seat Tabuan

    On the creation of Sungai Maong parliamentary seat, Chong, who is also Kota Sentosa assemblyman said it would cater for the constituents in two state seats namely Batu Lintang and Kota Sentosa with the total number of voters of 36,558.

    Bandar Kuching parliamentary seat would cater for constituents in Padungan and Pending and newly created Tabuan Jaya state seats, with the number of voters in the constituency at 58,500.

    Stampin parliamentary seats, it would consist of Batu Kitang and Batu Kawah state constituencies with 39,750 voters.

    “The average number of voters per parliamentary seat in Sarawak is 36,779. Currently, Stampin has 60,997 and Bandar Kuching has 78,394 voters which are way above the average compared to parliamentary seats such as Lubok Antu, Igan, Tanjung Manis, Kanowit and Lawas which only have less than 20,000 voters. “

    When asked whether it is possible to add another seat considering the state Legislative Assembly (DUN) had approved only 11 new seats, Chong said EC could either scrap the proposal to establish Gedong state seat with only 6,000 voters or for the DUN to pass another bill to increase another seat.

    Meanwhile, as of yesterday, the total number of objections received by the EC for state seats were 17 objections and 16 for parliamentary seats. The objection period will end today (Feb 4).

    Among those present at the submission of objections yesterday were Stampin MP Julian Tan, Pending assemblywoman Violet Yong, Batu Kawah assemblywoman Christina Chew and Padungan assemblyman Wong King Wei.

  5. #15
    Join Date
    Oct 2008

    Judicial review: Leave granted

    by Jonathan Chia, Posted on February 18, 2015, Wednesday

    High Court dismisses preliminary objections against application on redelineation exercise raised by EC and state government, fixes March 19 for case mention

    See (second left) together with Kho (left), Pauls (second right) and Jamilah leaving the courthouse after the court judgement yesterday.

    Shamsul (second left), Azizan (left) and legal officers after the court judgement yesterday.
    KUCHING: The High Court here yesterday granted leave to hear a landmark application for judicial review filed by two voters on Jan 28, to declare the Election Commission’s (EC) notice of proposed recommendations for constituency redelineation null and void.

    Justice Datuk Yew Jen Kie delivered her judgement in chamber after hearing arguments submitted from the applicants Batu Lintang assemblyman See Chee How and Pauls Baya from Baram and respondent, the EC on Feb 1.

    See, when met after the court proceeding, said all three preliminary objections raised by the respondent and the state government namely: the applicants lack locus standi in filing this application, the application for judicial review being premature and questioning that the court had no jurisdiction over the delineation process were dismissed by the Court.

    “The Court finds that this is not a frivolous application, that our contentions of non-disclosure and lack of detailed particulars (in the recommendations for constituency redelineation) in the notice published warrant hearing of argument at the substantive stage,” he explained.

    The judicial review application filed by See and Pauls sought for a declaration of the Court that the publication and notification of the EC on the delineation review did not comply with the provisions contained in the various Articles and 13th Schedule of the Federal Constitution and therefore null and void.

    The Court has fixed March 19 for the case to be mentioned.

    Meanwhile, Senior Federal Counsel Shamsul Bolhassan, who represented the Attorney-General Chambers said they would be filing their affidavit within two weeks to answer the arguments brought by the applicants, especially on the part that the notice was defective.

    Shamsul explained that the leave application yesterday was actually a judicial review by itself, adding that it would be a
    separate matter whether or not the judicial review would be granted later on.

    “Now the leave to file in the application for judicial review has been allowed. So we just wait for the outcome of the judicial review application, whether it is going to be granted or not, that is pending the decision of the Court later on,” he said.

    EC legal advisor Azizan Md Arshad was also present at the Court proceeding yesterday. See represented himself and Pauls. He was assisted by Desmond Kho and Jamilah Baharuddin.

    Read more:


  6. #16
    Join Date
    Oct 2008
    Pengundi terjejas bantah penyingkiran tiga daerah mengundi DUN Sebuyau

    Posted on February 26, 2015, Thursday

    KUCHING: Tiga individu tampil mewakili 100 pengundi terjejas bagi kerusi Dewan Undangan Negeri (DUN) Sebuyau, di bawah Parlimen Batang Lupar semalam untuk bertemu panel Suruhanjaya Pilihan Raya (SPR) mengenai persempadanan semula kawasan pilihan raya negeri.

    Jurucakapnya, Numpang Suntai berkata, antara perkara dibincang dalam perjumpaan itu ialah bantahan terhadap penyingkiran tiga daerah mengundi Sungai Apin, Tanjung Beluku dan Slanking dari DUN Sebuyau untuk diletak di bawah Simunjan.

    “Memindahkan tiga kawa-san ini akan mengecilkan lagi saiz kawasan Sebuyau yang hanya memiliki 9,395 pengundi.

    “Jumlahnya menurun kepada 8,804 pengundi iaitu 65 peratus dan ber-ada bawah paras purata pengundi negeri sebanyak 13,536,” katanya menerusi satu kenyataan semalam.

    Perkara itu katanya, melanggar Seksyen 2(c) Jadual ke-13 Lembaga Persekutuan yang memperuntuk jumlah peng-undi di setiap konstituensi di negeri haruslah lebih kurang sama.

    Sebab kedua kumpulan itu menolak penyingkiran daerah mengundi itu kerana ia terletak sebelah kanan Batang Sadong dan ia sama seperti daerah mengundi lain di Sebuyau.

    Sekiranya tiga daerah mengundi berkenaan di-letak di Simunjan katanya, ia akan memisah hubungan tempatan memandangkan ia bukan sahaja berhubung secara geografi sebaliknya berkongsi budaya dan sosial dengan Sebuyau.

    “Dan, ini sekali gus melanggar Seksyen 2(d) Jadual ke-13 Perlembagaan Persekutuan. Kami turut membantah peletakan DUN Sebuyau di bawah Parlimen Batang Lupar.
    “Ia harus diletak di Parlimen Sadong yang berada di Bahagian Samarahan seperti DUN Sebuyau. Dengan berbuat demikian, jumlah pengundi di Batang Sadong 29,781 dan ia lebih dekat dengan jumlah purata negeri bagi kawasan Parlimen yang menyenarai jumlah 35,778 pengundi,” katanya.

    Selain dua bantahan utama tersebut katanya, kumpulan itu turut melahir kekecewaan ke atas SPR berhubung proses persempadanan yang dijalankan.

    Jelasnya, Klausa 2(a) Notis dalam Warta yang dikeluarkan SPR telah menekankan, tidak berlaku perubahan dalam pilihan raya persekutuan bagi negeri Sarawak.

    Tetapi kata Numpang, pemindahan tiga daerah mengundi itu ke Simunjan ternyata menjejaskan sempadan Parlimen sekali gus membabitkan pilihan raya persekutuan.

    Malah katanya, SPR juga tidak menyedia maklumat secukupnya bagi pengundi terjejas menjadikan mereka tidak pasti apa yang perlu dibantah.

    “Kami berharap SPR akan mengambil kira bantahan kami secara serius dengan membuat semakan sewajar-nya kerana kita percaya bantahan ini ada asas kukuh.

    “Kita akan menunggu keputusan apabila semakan, sekiranya ada, dipamerkan pada Paparan Awam Kedua,” katanya.v

  7. #17
    Join Date
    Oct 2008
    MEDIA STATEMENT (9 March 2015)Why should police be allowed in Sarawak redelineation inquries when lawyers, media and other voters are barred? The Coalition for Clean and Fair Elections (BERSIH 2.0) is shocked that Special Branch police had sat in at the inquiry held by the Election Commission (EC) on its proposed electoral boundary for Miri. According to Piasau assembly representative Alan Ling, he had recognised the four plainclothed police sitting behind the EC officials when he was presenting his objections last Thursday. The EC chairperson himself was taken aback when told of their identities, but decided that they could stay anyway. BERSIH 2.0 is outraged by the EC chairperson’s decision, especially when taking into account the fact that stakeholders with legitimate interest in the process, such as lawyers, the media and members of the public, are barred from attending the inquiries. Lawyers can help clarify any legal points that may be raised, the media can make the process transparent and educational for the public, and members of the public should be alerted on how a solution to other constituencies might affect theirs. What legitimate stake does the Special Branch have in the process? The fact that the police were in plainclothes showed that they intended to disguise their identity, which points to a sinister motive on their part. The public should not stand for it if the EC were to allow plainclothed police again at the next round of redelineation held for Sabah and peninsular Malaysia. BERSIH 2.0 reiterates our call to make the inquiries truly public and allow all legitimate stakeholders to be present. .................................................. ...............KENYATAAN MEDIA (9 Mac 2015)Mengapa polis dibenarkan dalam siasatan persempadanan semula Sarawak manakala peguam, media dan pengundi lain dihalang? Gabungan Pilihan Raya Bersih dan Adil (BERSIH 2.0) terkejut apabila mengetahui bahawa anggota Polis Cawangan Khas telah hadir dalam siasatan yang diadakan oleh Suruhanjaya Pilihan Raya (SPR) tentang sempadan kawasan pilihan raya yang dicadangkan untuk Miri. Menurut ADUN Piasau Alan Ling, apabila beliau membentangkan bantahannya Khamis lepas, beliau sedar empat orang berbaju preman yang duduk di belakan pegawai SPR itu adalah anggota polis. Pengerusi SPR sendiri terkejut apabila diberitahu identiti mereka, tetapi kemudiannya memutuskan bahawa mereka boleh menghadiri siasatan tersebut. BERSIH 2.0 mengecam keputusan Pengerusi SPR, terutamanya apabila diambil kira hakikat bahawa pihak-pihak berkepentingan, seperti peguam, media dan orang ramai, dilarang daripada menghadiri pertanyaan. Ketiga-tiga kumpulan ini mempunyai kepentingan sah dalam proses ini: peguam boleh menjelaskan sebarang perkara yang mungkin dibangkitkan berkaitan dengan undang-undang, media boleh membantu menjadikan proses ini telus di samping mendidik orang ramai tentangnya, dan orang ramai perlu dimaklumkan tentang perubahan kepada kawasan lain yang mungkin memberi kesan kepada kawasan mereka. Apa peranan dan minat Polis Cawangan Khas mempunyai dalam proses ini? Hakikat bahawa polis hadir dalam pakaian biasa menunjukkan bahawa mereka bertujuan untuk menyembunyikan identiti mereka, yang menunjukkan mereka berniat buruk. Orang ramai tidak boleh melepaskan SPR sekiranya mereka membenarkan polis berbaju preman hadir pada sesi siasatan persempadanan semula yang akan diadakan di Sabah dan Semenanjung Malaysia. BERSIH 2.0 mengulangi panggilan kami untuk membuka sesi siasatan kepada semua dan membolehkan pihak berkepentingan yang sah untuk hadir. Dikeluarkan oleh, Jawatankuasa Pemandu BERSIH 2.0, yang terdiri daripada – Pengerusi: Maria Chin Abdullah; Timbalan Pengerusi: Sarajun Hoda Abdul Hassan; Bendahari: Masjaliza Hamzah; wakil kebangsaan: Prof Madya Dr Abdul Halim bin Yusof, Farhana binti Abdul Halim, Fadiah Nadwa Fikri dan New Sin Yew; naib pengerusi: Jannie Lasimbang (Sabah), Ahmad b. Awang Ali (Sarawak), Abd Halim b. Wan Ismail (Semenanjung Timur), Thomas Fann (Semenanjung Selatan), Simon Lee Ying Wai (Semenanjung Tengah) dan Dato’ Dr Toh Kin Woon (Semenanjung Utara).

  8. #18
    Join Date
    Oct 2008
    Updated: Tuesday March 17, 2015 MYT 7:53:04 PM
    All eyes on judicial review over Sarawak redelineation exercise

    BY YU JI

    Batu Lintang assemblyman See Chee How - File pix

    KUCHING: The outcome of the judicial review filed by Sarawak PKR against the Election Commission (EC) over redelineation procedures could impact the state polls.

    Political pundits will have their eyes trained on the Kuching High Court on Thursday when the next mention is scheduled.

    Batu Lintang assemblyman See Chee How, who is state vice-chairman of the Opposition party is leading the case.
    He claims the EC's redelineation exercise so far has been flawed, lacking enough details that will affect voters.

    Legal experts in Bersih 2.0 opined the judicial review could take up to two months to complete.

    If See is successful, the EC could be compelled to return to step one of the process, which had begun on Jan 5.

    That would set back the timetable of the current redelineation exercise, which even in the best-case scenario, may only be completed mid year at the earliest.

    The Sarawak Legislative Assembly presently has 71 elected members.
    In November, the Assembly passed a Bill seeking for an increase of elected representatives, claiming more were needed to serve the state's scattered population.

    "The redelineation procedure always begins with the Assembly," See told The Starrecently. "The assembly is first to come up with a Bill to say, 'We want to increase the number of members'. It also sets the maximum number of members in total."

    Last November, the Assembly set the maximum at 82 members (which meant 11 new seats could be created).

    The EC picks up the next step. It is supposed to conduct an independent study looking into the request.

    See explained the EC could suggest any number of new seats as long it did not breach the maximum passed by the Assembly.

    He said the EC could even suggest not to create any new seats; it might only suggest shifting boundaries to reduce imbalances in the number of voters between seats.

    The EC's proposals must be published twice, each time offering a 30-day complaints' period.

    Only after that can it prepare a final proposal that will be presented to the Prime Minister, who will then present it to Parliament.

    In the last step, all that is needed from Parliament is a simple majority. This is because the much talked about two-thirds majority requirement has already been fulfilled at the state Assembly level.

    The steps outlined here is how redelineation has been carried out in the past, and indeed this time. They include procedures that are untested constitutional issues.

    Should the EC propose, say, seven new seats, the state Assembly does not need to reconvene just to approve the number, since it had already approved a maximum of 11.

    See said he did not not believe the judicial review would change much of the outcome.

    With 15 months to go before the current term of the state government ends, he said there should be enough time for the redelineation to be carried through.

    "My intention is more to clean up the (redelineation) process. We want to set a precedent, so that next time, like when the Parliamentary redelineation begins, the process will be more transparent,” See said.

    A group called "Rise of Sarawak Efforts" (Rose) headed by lawyer Ann Teo has been helping to coordinate objections from voters, after the first display on redelineation, and the EC's enquiries.
    "Our group mainly supported the objectors, especially those from rural areas. We help them with the local enquiries before the EC panel. The first round has ended on March 6," Teo said.

    Teo said she had not been impressed with the quality of enquiries. The feedback has been that the panels seem to only listen to the complaints, and not actually "grilling the complainants".

    "I would have assumed an enquiry would mean EC would really examine into the details of complaints," she said.

    This is why the judicial review was crucial, she added. The judiciary, being independent arm of the Government, gets to scrutinise the EC's procedures, from step one.

    Asked to speculate on the polling date, Teo declined to comment - which is a sentiment shared by Universiti Malaysia Sarawak political scientist Assoc Prof Dr Andrew Aeria.

    "Personally I don't give a hoot when the state election is going to be. That is a red herring. What people should be asking is, what will the key election issues be," Prof Aeria said.

    But he did agree that the judicial review on redelineation has put a spanner in the works.

    He added data already available showed constituencies to be imbalanced in voter numbers, and that creating new seats at rural areas would only worsen the imbalance.

    Judicial review on procedures aside, the EC was already suffering from a public perception of it not being independent enough, Prof Aeria said.
    "The public view is that the EC ends up being the tool of the (state) Assembly, or which ever is the ruling party that commands the majority in the Assembly," he added.

    Quote Originally Posted by pywong View Post

    Judicial review: Leave granted

    by Jonathan Chia, Posted on February 18, 2015, Wednesday

    Read more:

    Last edited by pywong; 21st March 2015 at 12:33 AM.

  9. #19
    Join Date
    Oct 2008
    File further affidavit in opposition, EC told

    Posted on March 20, 2015, FridayKUCHING: The High Court here ordered the Election Commission (EC) to file further affidavit in opposition if there is any by March 26 for a judicial review filed by two voters to declare its notice of proposed recommendations for constituency re-delineation null and void.

    Justice Yew Jen Kie made the order yesterday after being told that EC chairman had filed the affidavit in opposition on March 6 and the reply was made by the applicants, namely Batu Lintang assemblyman See Chee How and Pauls Baya from Baram, on March 17.

    The judge instructed both parties to file and mutually exchange their written submission on April 9 while reply to the submissions was set for April 23.

    She further set May 15 as the tentative date for the decision on the submission.

    See represented himself along with two co-counsels namely Desmond Kho and Jamilah Baharuddin while Senior Federal Counsels Shamsul Bolhassan and Azizan Md Arshad appeared for the respondents.

  10. #20
    Join Date
    Oct 2008
    A comparison of EC Syor 1 on 5th Jan 2015 and Syor 2 on 30th Mar 2015.

    How to study it? Play around with the map layers on the top left hand corner.

    Click image for larger version. 

Name:	EC Sarawak Syor 1 DUN.jpg 
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    1. google street base layer,
    2. 1st proposal (Syor 1) DUN2015_SPR: This is the 1st proposal for State Constituencies by the EC. Green lines.

    Suppose you overlay the 2nd proposal (Syor 2) DUN2015 SPR2 onto the 1st proposal (Syor 1). This is represented by the dark green lines. Wherever you see lighter green lines, it means that there were changes there.

    Click image for larger version. 

Name:	EC Sarawak Syor 1&2 DUN.jpg 
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    Next, imagine you want to know where are the polling districts (black lines). In Malay, it is known as Daerah Mengundi (DM).

    Click image for larger version. 

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    You can repeat the process with the Parliamentary Constituencies (PAR2015) to compare the changes.

    Play around with the zoom button to look at the areas in more detail.

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