Guan Eng urges PM to hasten reforms of punitive legislation

DAP adviser Lim Guan Eng has urged the prime minister to reform punitive legislation by quickly amending the Security Offences (Special Measures) Act 2012 (SOSMA).

It should be done with the same efficiency, efficacy and urgency as amending the Majlis Amanah Rakyat (Mara) Act 1966, said Lim.

"Datuk Seri Anwar Ibrahim has given three months to amend the Mara Act to strengthen the governance of Bumiputera institutions. Malaysians have no problems with these proposed amendments strengthening Bumiputera institutions as long as the legitimate rights of non-Bumiputeras are not affected or jeopardised."

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi responded by saying the amendments to the Mara Act will be presented to Cabinet within three weeks instead of three months as Anwar requested.

Questions arise as to why the same urgency and efficiency in proposing amendments to the Mara Act are not demonstrated similarly for the amendments to the SOSMA Act, more than three years after being promised in the Pakatan Harapan 2022 manifesto, Lim said in a statement.

"There is no more excuse for Anwar not to amend SOSMA within three months to remove oppressive and draconian provisions to showcase the unity government’s commitment to institutional reforms aligned with fundamental human rights and the rule of law."

There is no reason why Anwar can oppose SOSMA while in the opposition, but not when he is in power in government, stated Lim.

"This year, a 16-year-old girl was detained under the SOSMA Act for nine days from January 14 to January 23rd. This experience for the young girl must be traumatic for her and her mother. The teen suffered vomiting and developed skin allergies during her detention in Kedah."

"Section 13 of the SOSMA Act generally prohibits bail for individuals charged with security offences, requiring mandatory detention. Exceptions apply only to persons under 18, women, or those who are sick or infirm. 

“Serious questions remain as to why the exception provided under Section 13 was not applied when the 16-year-old girl is not only a minor below 18 but also a woman. This unfortunate incident is unacceptable."

Every PH leader had always considered that this legislation was harsh and oppressive in nature.

Apart from Section 4(5), Sections 6, 13, 14, and 30 have been problematic due to their draconian nature and must be reviewed for repeal.

•      Section 6 relating to interception of communications;

•      Section 13, which relates to bail after an accused is charged and provides for the continued detention of a person pending trial, even where the facts of the case would not otherwise support the need for such pre-trial detention;

•        Section 14 relating to the taking of evidence of witnesses in a manner not seen or heard by an accused or his counsel;

•        Section 30, which permits an application by the public prosecutor to remand an accused who has been acquitted after trial, when there is an appeal. - May 6, 2026.