[UPDATED] Dewan rejects motion to renew Sosma’s detention without trial

KUALA LUMPUR – Parliament today rejected a government motion to renew a provision under the Security Offences (Special Measures) Act 2012 (Sosma), which would have granted authorities the power to detain suspects for 28 days without trial.

The motion was defeated via bloc vote, with 86 voting against while 84 voted to renew the tenure for the provision.

This was after Parliament briefly descended into a shouting match between government and opposition lawmakers who prompted speaker Tan Sri Azhar Azizan Harun to ensure the doors into the lower House were shut as required by the protocol.

“Close the door, we can see them walking in through the backdoor,” quipped Hang Tuah Jaya MP Datuk Seri Shamsul Iskandar Mohd Akin, triggering cheers from the opposition bloc.

Several other lawmakers then began to harass the speaker again demanding the doors be shut before Azhar could be seen instructing Parliament’s Sergeants at Arms to take note of those walking in after the vote had started.

The motion tabled by Home Minister Datuk Seri Hamzah Zainudin would have gone through a voice vote, but Nga Kor Ming (Teluk Intan-PH) invoked Section 47 of the Standing Orders of the Dewan Rakyat, which allows for a bloc vote if at least 15 lawmakers agree.

Following Nga’s prompt, Deputy Speaker Datuk Ramli Mohd Noor allowed for the bloc vote before ordering the day’s sitting to stand down for 10-minutes, presumably to allow government lawmakers to enter and take part.

After announcing the results, Azhar also noted 50 lawmakers were absent during the vote.

Another bill that was scheduled to be tabled today, seeking to amend the federal constitution for the automatic voter registration systems to omit royalties as eligible voters, was later postponed by the government following the failed bloc vote.

During a press conference after the vote, DAP secretary-general Anthony Loke asserted the outcome has no bearing on the opposition’s memorandum of understanding (MoU) signed with the government.

Loke said today’s vote was lawmakers acting on their own prerogative, maintaining the outcome was in line with the opposition’s view that Sosma’s provisions need to be looked at and amended further.

“As of now, it does not affect the MoU, even if it was an extraordinary outcome and the first time in history, it does not mean we went against the MoU because motions concerning Sosma is not related to the agreement.

“Even though we took the position to reject the motion, that is our right as a Member of Parliament; the MoU is still in effect regardless of what happened today,” he said, adding the opposition are prepared to cooperate with the government concerning other bills yet to be tabled.

Earlier today, Hamzah tabled a motion seeking to renew the tenure for five years, which the government can enforce Subsection 4(11) of Sosma that empowers authorities to detain suspects for up to 28 days without trial to assist investigations.

Under Sosma, the government is required to secure parliamentary approval to continue using the provision once its current tenure ends on July 31.

“Offences that fall under this law are more complex than other crimes like those (that fall) under the Penal Code, and also require more time for a thorough and detailed investigation to be carried out,” Hamzah told Parliament before the vote when winding up points raised during the debate on the motion.

“Sometimes those arrested are not just single individuals, but sometimes are a group of suspects, which requires gathering evidence from various sources, sometimes even from overseas... that is why the 28 days (detention) is there,” he said.

The motion was initially met with strong pushback from opposition lawmakers, who labelled it as draconian, excessive, and against fundamental human rights.  – The Vibes, March 23, 2022

Additional reporting by Qistina Nadia