By Karen Bong
KUCHING, Feb 16: “This was done in contempt of the rule of law by the Sarawak government”, Padungan assemblyman Chong Chieng Jen described the bulldozing through of the Sarawak Constitution amendment with a second vote call when the first voting result had been announced.
He was referring to the passing of the Constitution of the State of Sarawak (Amendment) Bill, 2022 in the State Legislative Assembly (DUN) Sitting yesterday (Feb 15) to rename the title of Chief Minister to ‘Premier’ and Assistant Minister to ‘Deputy Minister’.
“Once the votes were taken and results announced, it will be improper to call for a vote for a second time.
“You can vote for the second or third time until you get the numbers. (But) What is this… how can that be. I am sure that was not proper. The first vote must count. There should only be one (floor) vote for any Bill.
“But it was bulldozed through by second voting. It has never happened before, this is the first time. It is very sad and it is a shame,” he told reporters when approached at DUN Complex today.
After the winding up of the Bill by Minister of Tourism, Creative Industry and Performing Art Dato Sri Abdul Karim Rahman Hamzah in the DUN Chamber yesterday (Feb 15), DUN Speaker Tan Sri Mohamad Asfia Awang Nassar had called for a vote.
According to the unedited Hansard, Asfia announced: “53 members agreed, six opposed, four absent, 10 were not in the House, so it is a two-thirds majority. The motion is therefore agreed. The Dewan shall now resume.”
At this juncture, Chong raised to ask Asfia to confirm the number of votes in which Asfia replied, “54 and six no”.
Chong then interjected and pointed out that “54 out of 82 votes are still less than the two-thirds majority, and thus the motion cannot be carried (at least 54 votes are required to make a two-thirds majority).”
“As you have announced just now, it is 53 initially but somehow it was added with one more 54. Unless we have another vote, otherwise, it will be deemed to be defeated. This motion is deemed to be defeated. Because at the moment the vote is casted, it must be counted at the time although coming after that cannot be counted because those who were absent, may have different opinions from the government’s side. So, they play absentee.”
However, Asfia called to ring the bell and a recount took place after five minutes. At the end of the second vote, Asfia announced that “67 in favour, six opposed. The motion is therefore agreed.”
On yesterday’s proceeding, Chong observed that not all members entered the Chamber with some even played truant, including the newly elected representatives.
“I think Dudong (Dato Sri Tiong King Sing) was not there and one of the ministers was not there.
“If you (DUN Speaker) started counting and someone came in (the Chamber), you can still count again and that did not matter. Even though there is a borderline, (but) once the votes have been taken and announced, I pointed out that the Bill has been defeated by result of the first vote. It must be taken then the Bill has been voted down,” he elaborated.
The Democratic Action Party (DAP) Sarawak chairman pressed that this action displayed a contempt of the rule of law by the government, more so when it is the Constitution amendment which is the highest law in the land and requires a two-thirds majority to be passed, or at least 55 votes.— DayakDaily
