Asfia addressing a press conference with regard to the disqualification of Dr Ting as a member of Pujut.
KUCHING: A letter with regard to the disqualification of Dr Ting Tiong Choon as a member of Pujut had been submitted to the Election Commission (EC) Malaysia chairman today.
The State Legislative Assembly (DUN) Speaker Datuk Amar Mohamad Asfia Awang Nassar disclosed that the EC has been informed that the Pujut seat is now vacant under Article 21(5) of the State Constitution.
“It is for the EC to take up the necessary action. This means a by-election must be held within 60 days,” he told a press conference at the DUN sitting earlier today.
Asfia emphasised that the decision by the Assembly to disqualify Dr Ting in a 70 to 10 vote as an elected member and for him to cease as a member of the Dewan forthwith under Article 17(1)(g) of the State Constitution of Sarawak was within the purview and ambit of the Federal and State Constitutions.
“This is a very serious issue. The first in Malaysia as well as in Sarawak. There are several matters that need to be made clear and emphasised,” he said.
The Article 72(1) of the Federal Constitution reads: “The validity of any proceedings in the Legislative Assembly of any state shall not be questioned in any court.”
Asfia pointed out that “the Legislative Assembly is the final arbiter in any question arising as to whether a member of the Legislative Assembly has become disqualified for membership.
“The matters were for the Legislative Assembly to decide and within its exclusive jurisdiction and not for the courts to determine,” he added.
The pertinent provision, Asfia highlighted, was Article 17(1)(g) of the State Constitution which states that “a person is disqualified for being elected as a elected member of the Dewan Negeri if he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation”.
“These three requirements must be read disjunctively and not conjunctively. The moment a Malaysian citizen acquires the citizenship of a foreign country he immediately forfeits and loses his Malaysian citizenship,” he said.
Asfia said that, despite having renounced his Australian citizenship, Dr Ting did not re-acquire Malaysian citizenship, and more importantly, the renunciation must be made in the Federation of Malaysia.
In addition, he emphasised that both Dr Ting and opposition leader Chong Chieng Jen (DAP-Kota Sentosa) were given ample opportunities to be heard under the principle of natural justice (right to be heard).
On Opposition’s decision to take the matter to court, Asfia said they are prepared and will make an application to strike off the writ.
In the last state election, Dr Ting won with a majority of 1,759 in a four-cornered fight.
The Pujut constituency recorded 18,009 voters as of March 2016.