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

   
   
       
  1. #21
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    Stampin voters object to EC’s redelineation


    Details Created On Thursday, 30 April 2015 10:54 Published Date Written By Admin Category: News




    A total of 116 voters from Stampin submitted their objections to the Election Commission's (EC) redelineation of the constituency, claiming that it is much larger than the average size of constituencies in the state of Sarawak.


    Although the EC had reduced the size of the constituency from 84,732 to 58,111 voters, it remains 162% larger than the average size of a Sarawak constituency, which is 35,779.


    This reduction occurred at the expense of the neighbouring Bandar Kuching constituency, where the number of voters went up from 78,394 to 81,992—which is an 229% larger than the state's average.


    Rise of Sarawak Efforts (Rose) claims that this was carried out to devalue urban votes in both constituencies, which is a violation of the universal democratic principle of ‘one man, one vote, one value’.


    The EC’s redelineation of Sarawak, which was purported to reduce malapportionment, has instead drastically aggravated it.


    An analysis conducted by Rose concludes that a mere one-third of the voters in Sarawak will be able to vote for 52% of all parliamentarians and 50% of all state assemblypersons in the 14th General Elections.


    Rose also submitted an alternative proposal for a more constitutional redelineation of Sarawak. Taking into account physical and geographical features, as well as administrative boundaries, Rose was able to divide all the voters in the state more equally—with each constituency only having a +/-25% difference from the state average.



    And in this proposed map, Stampin only has 43,668 voters.


    “Ultimately, the voters of P196 Stampin and Sarawak want free and fair elections.


    “In this ongoing exercise of delimitation it is incumbent upon SPR to fulfill its role as an impartial election commission of Malaysia by following the principles set forth in the constitution and other internationally-recognised practices and norms,” the statement by Rose read.


    Rose’s letter of objection and set of recommendations can be viewed on their website.
    py

  2. #22
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    EC receives 22 objections to revised delimitation proposal

    by Lian Cheng, reporters@theborneopost.com. Posted on May 1, 2015, Friday

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    KUCHING: State Election Commission (EC) has received 22 objections on the revised delimitation proposal from voters of affected constituencies after a month-long public display which ended on Wednesday.


    The revised delineation proposal which affected more than 20 state constituencies under the 15 parliamentary constituencies of Bandar Kuching, Stampin, Kota Samarahan, Puncak Borneo, Batang Sadong, Saratok, Tg Manis, Sibu, Mukah, Kapit, Ulu Rajang, Bintulu Sibu, Miri and Baram had been put up for public scrutiny since March 30.


    “The objections raised in these representations concern mainly the re-distributing of polling districts within a state constituency.


    “EC will study and look into these representations after which we will call for these voters who have raised objections to a second public forum to hear their suggestions and to discuss with them,” state Election Commission (EC) director Datuk Takun Sunggah told The Borneo Post yesterday.


    After the second public forum, the EC would finalise the proposal and forward it to Prime Minister Datuk Seri Najib Tun Razak.


    Takun stressed that EC would carry out all the procedures required under Schedule 13 of the Federal Constitutions
    to make sure the delineation exercise was done in a proper manner.


    Compared to the first public display where the EC received 64 representations, Takun said there were less objections this time as the revised delineation exercise proposal was only put up for display in affected constituencies.


    The revised proposal had come about after the first public display (Jan 5 to Feb 4, 2015) and a month long public forum conducted by EC to meet those whose objections were accepted by EC.


    During the first public display, the EC received 64 official objections, out of which only 41 were accepted.


    After looking into these objections, the first round of public forum was carried out for the EC to further hear and discuss with those raising legitimate and valid objections.


    Similarly as the first public display, only three parties namely the state government, local councils and at least a body of 100 voters are allowed to raise objections to EC revised delimitation proposal.


    EC has initiated the delineation process by coming up with a proposed delimitation or delineation recommendation following the passing of the State Assembly (Composition of Membership) Bill 2014 in last November state legislative assembly sitting.


    The passing of the Bill has allowed 11 new state seats to be created, resulting in the increase of the total number of state seats from 71 to 82.
    py

  3. #23
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    Can the objectors who prepared their objections and attended the hearings, sue the EC for costs?

    EC must re-do Sarawak redelineation exercise all over again, court rules



    BY DESMOND DAVIDSON
    Published: 15 May 2015 5:12 PM

    The Kuching High Court orders the Election Commission to redraw Sarawak's electoral boundaries. – The Malaysian Insider filepic, May 15, 2015.The Election Commission's (EC) redelineation exercise in Sarawak was turned into an exercise of futility today after it was ordered by the Kuching High Court to republish its notice to redraw the state's electoral boundaries.


    The ruling means the polls body will have to start its boundary redrawing exercise all over again.


    The court this afternoon ordered EC to republish the notice “in full compliance with the provisions contained in the Thirteenth Schedule of the Federal Constitution”.


    Justice Yew Jen Kie, in her ruling on the judicial review brought by Batu Lintang assemblyman See Chee How and a voter in Ulu Baram, Pauls Baya, agreed with See's contention that there was a serious and considerable lack of details in the January 5 notice for people who are affected to make a decision.


    Yew said it was essential for EC to publish the electoral roll, the list of proposed changes and the areas affected so the public would know how they would be affected by the redrawing.


    She said the failure of the EC to publish the notice in detail had breached the requirements spelt out in the Federal Constitution.


    The EC made, what See described as a “desperate attempt”, to get the court declare the judicial review academic as the delineation had already been completed by submitting an affidavit in opposition this morning.


    State election commission deputy director Suraini Saruji in the affidavit said the local hearings have been completed and that the EC was in the midst of preparing a report to be submitted to the prime minister and Parliament.


    Azizan Mohd Arshad, a senior federal counsel representing the EC, told reporters outside the court, the redrawing process would restart depended if the EC decides to appeal the court's decision.


    He said the decision to appeal would have to come from the Attorney-General.


    When contacted, a spokesman said EC would issue a statement soon after scrutinising the court decision.


    The EC has two years – from the day the Sarawak state assembly approved the increase of the state seats by 11 in November last year – to complete the redelineation exercise.


    “I am very happy. At least I did something to contribute to the whole process being transparent,” said See, who is also PKR Sarawak vice-chairman.


    “At least we will know that in future, there will be more accountability in the exercise.”


    In their application for the judicial review, See and Baya had argued the EC had “abridged, restricted and/or impaired their rights to have notice of the effect of the EC's proposed recommendations and has acted in error and or breaching the provisions of the Federal Constitution”.

    See and Baya applied for the leave for an ex parte application for a judicial review of the exercise on February 2 with the court granting them the leave on February 17.

    They were seeking to have the court declare the EC's notification that was published in two Sarawak regional newspapers, two national papers and one Sabah newspaper was not in compliance with the provisions contained in the Thirteenth Schedule of the Federal Constitution as the papers were not in circulation in the constituency to be redrawn.

    See, representing himself, and Baya also argued that the EC had failed to publish the notice in a newspaper that is widely circulated in the constituencies affected.

    See said the New Sarawak Tribune and its Malay language sister paper Utusan Sarawak have limited circulation in Sarawak, and he has “affidavit evidence filed” to show that these papers have no circulation in various rural centres whose voters are affected as required by the law.

    He said the same was with the national newspapers NST, Utusan Malaysia and the Sabah Borneo Post.

    Justice Yew agreed with the contention saying the purpose of the publication was to bring to notice the EC's proposals to the voters so they could make the right decisions.

    “It is essential for the voters to know what will be changed in the constituency, in what manner or even whether they will be transferred to another constituency.”

    Various civil society groups in the country, including Bersih, Tindak Malaysia and the Rise of Sarawak Effort have assisted PKR in their research to build their legal case for this application. – May 15, 2015.
    Last edited by pywong; 16th May 2015 at 10:04 PM.
    py

  4. #24
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    They are not going to give up so easily.

    http://www.malaysiakini.com/news/298548
    py

  5. #25
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    Rakyat win first round in re-delineation battle

    2

    YOURSAY ‘At some point, the BN government needs to bow to justice.’

    High Court nullifies EC's Sarawak re-delineation

    Kim Quek: Such a judicial intervention to halt Election Commission’s unabashed attempt to maximise Umno-BN’s electoral fortune in violation of the constitution should have taken place ages ago.

    If the judiciary had done that, Malaysia’s election would not have degenerated to what it is today - a farcical electoral system that has transformed this country into a pseudo-democracy.

    I hope more political parties, election reform advocates, NGOs and citizens will take cue from this court judgment to promptly challenge the constitutional breaches of EC as and when required and I also hope the courts will continue to courageously uphold the constitution in restoring integrity to our elections.

    Malaysia Ku: Hopefully this is not a pyrrhic victory should the EC decide to appeal. The EC has had its way in many previous elections.

    With the advent of the Internet and social media, it cannot be business as usual. Proponents of fair and clean elections need to continue to keep a watchful eye on the EC as they may think of ways and means to please their masters.

    Ferdtan: We urge the EC not to appeal to the higher courts as the judgment had been made.

    EC chairperson Abdul Aziz Mohd Yusof, we are suffering from higher cost due to the implementation of the Goods and Services Tax (GST) and the government’s kitty is empty so don’t you dare waste our money to take the case to higher courts.

    The West Malaysian courts should take note of the independence of the Sarawak bench.

    Also not forgetting, the thankless tireless efforts from Bersih, Tindak Malaysia and NGO Rise of Sarawak Efforts (Rose).

    Special thanks, too, to activist Haris Ibrahim of The People’s Parliament for keeping faith with us, Malaysians, who want changes in the running of the government, unlike his one-time compatriot, Raja Petra Kamarudin, who turned 180 degrees.

    If EC still persists to stubbornly side with the ruling government, we are ready for another mammoth Bersih 4.0.

    Haveagreatday: Yes, it is indeed a victory not only for the rakyat of Sarawak but for all rakyat. A salute to the brave judge for willing to rule on what's fair and just.

    Sadly, the EC will appeal and as we have seen in many a case, at the appeals level the rakyat faces the Umnoputra judicial system.
    NewMalaysia: EC is now caught with their pants down for blatant violation of the federal constitution.

    The EC chairperson and his team should immediately resign as they no longer fit to hold office anymore. Just like any MP found guilty in court, they will automatically be disqualified.

    Malaysia Truly Asia: Finally the opposition has a hold on the BN's courts. Is our judiciary impartial? Now you have the answer, it’s justice Yew Jen Kie.

    Will the verdict be reversed? Certainly, as the constitution clearly says that the EC has the right to delineate, and only Parliament can pass laws otherwise.

    The judge quotes the third schedule of the constitution, but the rest says that the EC has the right to do so.

    Not Convinced: Malaysia Truly Asia, yes, the EC has the right to make changes to the electoral boundaries every eight years to not more than 10 years as provided by the federal constitution.

    But it has to do it fairly and transparently.

    Fairplayer: Can the rakyat sue EC for its past delineations which clearly showed willful deceit to favour BN?

    I salute Justice Yew for her great courage to take this bold step to do what the past judges had never done. May this be a breakthrough to better days for democracy and the voters.

    Apa Ini?: The rakyat have won in the first round. All that support to this end has been admirable. And on to the next.

    Right is might and every battle won must spur us on to be watchful and wise. At some point, the BN government needs to bow to justice.


    Bersih to EC: Don't waste public funds on appeal

    SultanMydin: EC should get its priorities right. The more important issue is to clean up the electoral rolls - voters without addresses and polling stations.

    The other is the perennial phantom voters issue. These, before the Umno lackeys in EC even think of appealing the High Court decision. It would be a sheer waste of public funds.

    Headhunter: Sarawakians have been taking the lead in spearheading good governance lately.

    The initiative should rightly come from the federal government, but I guess PM Najib Razak is too engrossed in fighting for his own survival to bother about this.

    Sarawakians are in fact sending a message to Putrajaya that it can govern better on its own than under the thumb of Malayans.



    The above is a selection of comments posted by Malaysiakinisubscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda. Subscribe now.

    These comments are compiled to reflect the views of Malaysiakinisubscribers on matters of public interest. Malaysiakini does not intend to represent these views as fact.
    py

  6. #26
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    Just goes to show how "cekap" the EC is:
    Abdul Aziz said that if the redelineation of electoral boundaries in Sarawak had to be redone, it would be time-consuming and incur additional cost.
    The cost of redrawing the electoral boundaries in the state was about RM800,000, he added.

    TM can do it for them FOC and in one week.


    EC: AGC to decide on High Court redelineation order




    Court orders EC to republish notice to redraw Sarawak electoral boundaries.






    PUTRAJAYA: The Election Commission (EC) is leaving it to the Attorney-General’s Chambers to appeal against the Kuching High Court decision ordering the EC to republish its notice to redraw the Sarawak electoral boundaries.
    EC chairman Abdul Aziz Mohd Yusof said today the EC’s next move would be dependent upon the decision of the Attorney-General’s Chambers, whether it wanted to appeal or not.
    The EC respected the decision of the court made on May 15 when Judge Yew Jen Kie ordered the EC to republish its notice on the redelineation of electoral boundaries in Sarawak by adhering to provisions in the 13th Schedule of the Federal Constitution.
    Abdul Aziz said that if the redelineation of electoral boundaries in Sarawak had to be redone, it would be time-consuming and incur additional cost.
    The cost of redrawing the electoral boundaries in the state was about RM800,000, he added.
    -BERNAMA

    - See more at: http://www.freemalaysiatoday.com/cat....H4g2npyX.dpuf
    Last edited by pywong; 22nd May 2015 at 10:17 PM.
    py

  7. #27
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    Stick to redelineation rulings, Bersih warns EC

    6Published May 26, 2015 4:52pm
    Updated May 26, 2015 5:31pm




    -+


    Electoral reform group Bersih is irked by the Sarawak government's attempt to legitimise the Election Commission's (EC) public inquiries in relation to the state's redelineation exercise.

    This is despite the Kuching High Court on May 15 ruling that the notice for redelineation was not in compliance with the requirements of the federal constitution and ordered for the notice to be republished with more detailed information.

    The same court yesterday added an additional order, ruling that the initial notice is null and void and has no legal effect.

    "EC ignoring the court's decision and continuing with second inquiry in Sarawak proves that the EC is in contempt of court.

    "All redelineation exercise in Sarawak must cease immediately and redone in a transparent and fair manner," it said in a statement today.

    Court made no mention about inquiries

    Bersih was responding to Sarawak legal advisor JC Fong who said the court made no mention about the inquiries conducted by the EC.

    "The court did not rule that the process of receiving representation and holding inquiries on those representation or objection was null and void," he was quoted as saying by theBorneo Post.

    Fong (photo) said this in response to questions on whether the nullification of the redelineation notice would mean that all subsequent procedures executed for the exercise is likewise null and void.

    Bersih urged EC to abide by the Kuching High Court's decision and to redo the redelineation exercise according to constitutional requirements.

    It also urged the EC not to appeal the decision which will come at the expense of taxpayers.
    py

  8. #28
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    AG files appeal against Sarawak redelineation ruling

    3Bernama
    Published May 27, 2015 6:00pm
    Updated May 27, 2015 6:10pm







    The Attorney General’s Chambers has filed an appeal against the Kuching High Court’s recent ruling on the Election Commission’s (EC) proposed redelineation of Sarawak’s electoral boundaries.

    EC chairperson Abdul Aziz Mohd Yusof said the appeal was filed at the Kuching High Court this morning, although the commission had not been officially informed.

    A six-month study was conducted on the re-delineation exercise after the Sarawak state legislative assembly passed an amendment to the state constitution to increase the state constituencies from 71 to 82.

    On May 15, High Court Judge Yew Jen Kie ordered the EC to re-issue a notice on its recommendations for the proposed redelineation exercise in accordance with Schedule 13 of the federal constitution.

    The judge said the notice dated Jan 5 lacked crucial information for the public, who are involved in making the decision on the redelineation.

    - Bernama
    py

  9. #29
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    7:57AM May 28, 2015
    Malaysiakini
    Gov't appeal on S'wak redelineation ‘a betrayal’

    13

    The Attorney-General’s (AG) Chambers has “failed Malaysians and betrayed the federal constitution” in appealing against the Kuching High Court’s ruling that the Sarawak redelineation process is unconstitutional, says Bersih.


    The electoral watchdog’s committee member Wong Chin Huat said the AG’s Chambers is wasting taxpayers’ money when it should be guided by the highest law of the country - the federal constitution.

    By subscription - http://www.malaysiakini.com/news/299889

    py

  10. #30
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    Bersih to offer legal views at EC’s appeal against order to redraw Sarawak boundaries

    BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
    Published: 31 May 2015 12:57 PM

    Bersih 2.0 chairman Maria Chin Abdullah says e any outcome in the Court of Appeal or the Federal Court on the Sarawak redelineation case will have a bearing on delineation nationwide. – The Malaysian Insider file pic, May 31, 2015.

    Electoral reform group Bersih 2.0 will apply to hold a watching brief when the Election Commission's appeal against an order to republish its notice to redraw Sarawak's electoral boundaries is heard.


    Its chairman, Maria Chin Abdullah said Bersih would make an application in the Court of Appeal to be made an amicus curiae (friend of the court) to participate in the proceedings.


    "We want to put forward our views because any outcome in the Court of Appeal or the Federal Court will have a bearing on delineation in Sabah and the peninsula," she told The Malaysian Insider.


    She said Bersih would likely appoint a lawyer from Kuching to represent them since the Court of Appeal would sit in the Sarawak capital to hear the case.


    "A lawyer from the peninsula can seek special admission to appear there but getting a counsel from there was a better option," she said.


    Earlier this week, the EC filed its appeal to reverse the findings of the Kuching High Court's decision.


    A six-month study was conducted by the EC on the re-delineation exercise after the Sarawak State Legislative Assembly passed an amendment to the state constitution to increase the state seats from 71 to 82.


    On May 15, High Court Judge Datuk Yew Jen Kie ordered the EC to re-issue a notice on its recommendations for the proposed re-delineation exercise in accordance with Schedule 13 of the Federal Constitution.


    Ten days later, Yew made an additional order to declare the EC notice null and void and of no legal effect.


    The judge said the notice dated January 5 lacked crucial information for the public involved in making the decision on the re-delineation.


    Yew said it was for EC to publish the electoral roll, the list of proposed changes and the areas affected, so the public would know how they would be affected by the redrawing.


    She said the failure of the EC to publish the notice in detail had breached the requirements spelt out in the constitution.


    Batu Lintang assemblyman and state PKR vice-chairman, See Chee How and a voter in Ulu Baram, Pauls Baya had filed a judicial review on grounds of a serious and considerable lack of details in the notice for people who were affected to make a decision.


    Various civil society groups in the country, including Bersih, Tindak Malaysia and the Rise of Sarawak Effort, assisted PKR in their research to build their legal case for the application. – May 31, 2015.
    py

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