Teng gestures while delivering his talk at the forum.
KUCHING: No government should regard the referendum system as a threat, said former assistant minister Datuk David Teng.
The former SUPP treasurer, who was a speaker at the ‘Sarawak Rights’ forum yesterday, said the referendum system ought to be viewed as a necessary tool of democracy.
He pointed out that many countries across the world called for a referendum to decide on matters concerning the welfare and interest of the people.
Citing examples, he said Australia had a referendum before implementing the Goods and Services Tax, the Netherlands called for a referendum to legalise euthanasia while recently Taiwan also had a similar voting exercise to decide whether to set up a nuclear power plant.
“A referendum is for electorates to have a check and balance against arrogance or abuse of power by governing authorities,” he said at the forum held at Kenyalang Theatre here.
Before a referendum can be called, Teng said a country must put in place the legislation necessary for it.
In Malaysia, he said the Parliament must first enact the Referendum Act or incorporate such provision in the Federal Constitution in order to empower the holding of referendum relating to federal matters.
When it comes to a referendum, he said the subject must be single and specific of public importance calling for voting with ‘Yes’ or ‘No’.
“There are two types of referendums – obligatory and advisory. Obligatory type of referendum binds the Parliament and the government while advisory type of referendum is just to get feedback.”
Met by reporters after the forum, Teng said a referendum could be used by the government to seek public opinion on controversial or divisive issues.
“You’re not sure about the people’s feelings about some divided issues, so you ask the people to express their opinions by saying ‘Yes’ or ‘No’.
“For example, if you want to take away a state’s rights or special rights, you must seek a referendum and let the people decide before taking them (rights) away.”
He added that a referendum could also be held to decide on moral-related issues such as whether to legalise euthanasia or same-sex marriage, or major environmental matters such as forestry and water pollution issues.
“There are national subjects that call for a national referendum while there are state matters that call for a state referendum.”
Asked if Malaysian electorates were mature enough to face a referendum, Teng said: “I think you have to start the system. A referendum is just like an election. Everybody looks at the manifesto and then you decide.”
To another question, he said: “I cannot speak for them. Certain government or certain governing parties feel that you entrust me to run for five years, so don’t disturb me.”
He said it was up to the governing body whether to share the decision-making power with the people.
“If they believe that this is the government by the people and for the people, I think they should (have the Referendum Act). After all you still have to go back to the people, so why can’t you be more generous and open-minded.
“A lot of countries are doing it and why not Malaysia. Thailand also has it which is quite surprising and Singapore also.”
Meanwhile, Batu Lintang assemblyman See Chee How recalled that Kota Sentosa assemblyman Chong Chieng Jen once moved a motion on the Referendum Ordinance in the State Legislative Assembly (DUN) but the motion was rejected by the speaker.
“I hope we can follow up on that. Probably, the motion was not suitable in that circumstance. The speaker has made some ruling on that matter. But I think referendum is something worth looking into, we will continue to pursue it,” he said when prompted for comments on the subject matter.
See, also state Parti Keadilan Rakyat vice chairman, felt that the government and the people were probably on a different thinking level when it came to the referendum system.
He said the people were talking about the system not provided in the Federal Constitution while the government might misconstrue such need.
“So the levels of thinking and understanding of the issue are not there.
“Hopefully through this kind of forum, the government will not be so worried that if there is a referendum, it means something very serious.
“A referendum can be on anything and everything. There is no need to be worried about having either Referendum Ordinance or Referendum Act.”