Dewan Rakyat Passes Sosma Extension Motion 111 Ayes 88 Nays
PARLIAMENT | The Dewan Rakyat has passed the motion to extend the enforcement of Subsection 4(5) of the Security Offences (Special Measures) Act 2012 (Sosma) for another five years despite a fiery debate and objection from the opposition.
The opposition failed in its attempt to block the motion via a bloc vote as 111 MPs were in favour of it, while 88 voted against it and 21 were absent from the sitting.
The enforcement of Subsection 4(5) of Sosma will grant the police special powers to hold individuals arrested and detained under the Act for up to 28 days.
Home Minister Hamzah Zainudin, while winding up the Sosma motion debate, agreed with the government and opposition lawmakers on the existence of unfair provisions and clauses in the Act.
That's why there is a sunset clause in Sosma for the government to review the law every five years, he said.
For one, he acknowledged that Section 124 of the Penal Code, which deals with activity detrimental to parliamentary democracy, should be taken out of Sosma.
"I agree with Padang Rengas (MP) Nazri Abdul Aziz. There is no need for us to have (this provision)," Hamzah said.
In his debate earlier, Nazri called for the government to remove Section 124(b) to (j) of the Penal Code from Sosma as they may expose politicians to unnecessary legal actions.
However, Hamzah took the stand that there is an urgency to have Sosma, which will expire on July 31, to be extended to 2027 while the amendment of Sosma can come later.
Hamzah's reply did not bode well with opposition lawmakers, particularly Gobind Singh Deo (Pakatan Harapan-Puchong), who argued that the government has plenty of time to push for the betterment of Sosma.
Hamzah said the cabinet led by Dr Mahathir Mohamad agreed on Nov 29, 2019, to make an amendment to Sosma.
"But none from the other side (Harapan) said they want to repeal Sosma," he added.
Home Minister Hamzah ZainudinTime needed for improvement
According to the home minister, the current administration needs more time to execute what the cabinet decided in 2019 as it needs to engage with stakeholders, including the police.
Hamzah noted that if this motion was not first rejected in the August House back in March, the government would have continued its effort to improve Sosma.
"We may see an amendment of Sosma in the October sitting," he said.
On March 23, the Dewan Rakyat voted down the motion to extend the enforcement period of Sosma for five years.
Last Wednesday, the Dewan Rakyat approved a motion to quash that decision, which rejected the extension of the enforcement of Subsection 4(5) of Sosma.
Sosma allows the police to detain suspects who are investigated for a security offence to be held for up to 28 days, without any judicial oversight. Bail will not be granted for those charged with a security offence.
The Act provides additional powers to the police and to the prosecution, superseding those provided under the Criminal Procedure Code and the Evidence Act 1950.
Trials under Sosma also allow for ‘protected witnesses’, who would testify in court behind a closed door and in the absence of the accused or his counsel. - Mkini
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