SUPP on the recent delineation exercise court decision

suppadmin | May 16, 2015

Sarawak United Peoples Party’s (SUPP) welcomed the comment of the High Court decision on the petition filed against the Election Commission on the proposed delineation exercise.

The decision once again proves that our country’s judiciary is an independent body and it serves the crucial role under our country’s constitution,said Secretary general, Dato’ Sebastian Ting.

He said the judiciary is one of the three pillars of any constitutional democracy (the other two pillars are the legislature, which involves the election process and the parliament, and the executive, which is the government of the day). These three pillars are of equal standing and importance. They form a system of balance and check which is the bedrock of democratic government.

The High Court decision, he added, has pointed out the failure of EC in following the procedure as laid out in the Constitution while carrying out its duty. SUPP agrees with this decision. This is a procedural failure on the part of EC and the High Court has rightly ordered the EC to carry out the exercise once again in compliance with the guidelines laid down in the Federal Constitution.

SUPP believes that the Election Commission has, more importantly, also failed to comply with the substance and spirit of the Federal Constitution on this issue. We believe EC has failed to comply with the cardinal principle of democracy of one-person one vote.

SUPP had during its press conference on 17 January 2015 made a stand on this and carried out a signature campaign to urge EC to relook at its recommendation in light of the fundamental principle underlying a delineation exercise as enshrined in the Constitution. SUPP petition, supported by 7,301 signatures gathered from the campaign, was submitted to the EC office on 27 January 2015.

The EC did not and or has not addressed the issue raised by SUPP. We urge EC to do so now that the High Court has given the EC another chance to do a better job.

The proposal by EC has not only failed to comply with the procedure requirements but also the issue of fairness and this has to be addressed should we all believe that the basic principle of natural justice – to be fair in its principle and transparent in its processes.

“We have to believe that we are all one community – Sarawakians; not only of any racial or ethnic community. It is only on this principle of fairness that lays the foundation of the whole community that is progressive and moderate” he added.