Petition to Repeal Section 9A of the Elections Act 1958
This petition had 1,493 supporters
Section 9A is an ouster clause, i.e. it prevents members of the public the right to have decisions reviewed by the courts. Citizens must be allowed to assert their right and challenge the electoral roll if it is suspected to have discrepancies. Section 9A was controversially introduced by the Barisan Nasional-led government after the landmark Likas by-election case. In 2001, the Kota Kinabalu High Court had found the Likas constituency electoral roll to be flawed, as it contains phantom voters, and hence declared the 1999 constituency polls to be null and void, or tainted with fraud. We call on the government to repeal Section 9A as it is unconstitutional. It is hindrance towards a free and fair election, undemocratic, and prevents the judiciary from discharging its independent role under the doctrine of the Separation of Powers as arbiters of rights and duties.
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