Wei Jiet acted as counsel & advisor for Undi18, an NGO which successfully obtained a landmark court decision compelling the Prime Minister to bring into force the constitutional amendment to lower the voting age from 21 to 18 by December 2021.
In 2019, the Malaysian Parliament unanimously passed the historic Constitution (Amendment) Act 2019, which lowered the voting age from 21 to 18 (“Undi18”), and also introduced automatic voter registration (“AVR”) in Malaysia.
However, the Act provides that Undi18 and AVR shall come into operation on a date to be appointed by the Yang di-Pertuan Agong (“King”) by notification in the Gazette. Because the King acts on the advice of the Prime Minister, it is the Prime Minister who effectively decides when Undi18 & AVR would come into force.
From September 2019 to March 2021, the Election Commission and Ministers across Tun Mahathir Mohamad & Tan Sri Muhyiddin Yassin’s Government repeatedly promised that Undi18 and AVR would be implemented by July 2021.
Suddenly, on 25.3.2021, the Election Commission informed the press that it would only implement Undi18 and AVR after 1.9.2022 (nearly 14 months later than promised) purportedly because of logistical difficulties due to the MCO. If the Election Commission’s decision stands, it may deprive millions of youths the right to vote in the next General Elections.
Wei Jiet and several other lawyers provided strategic litigation advice to challenge this decision. On 2.4.2021, Undi18 mustered 18 youths aged 18-20 years old as litigants to file a judicial review at the KL High Court against the Prime Minister, Government of Malaysia & the Election Commission. On 4.5.2021, a decision was made to file a similar suit at the Kuching High Court, with 5 youths helming the suit.
Finally, on 3.9.2021, the Kuching High Court found in favour of the applicants, quashed the Election Commission’s decision and ordered the Prime Minister to bring into force Undi18 and AVR by December 2021. The Government decided not to appeal this decision. As a result, a strategic decision was made to discontinue the judicial review at the KL High Court. On 1.1.2021, the Government finally published in the gazette that Undi18 and AVR would come into force by 15.12.2021.
This was a landmark decision for constitutional law & the democracy in Malaysia for the following reasons:
(i) It enabled 1.2 million youths between ages 18-20 the sacred right to vote in the next General Elections, which drastically changes Malaysia’s electoral landscape & will propel youth-centric policy issues to the forefront;
(ii) It enabled 4.5 million previously unregistered voters aged 21 years & above the automatic right to vote in the next General Elections; and
(iii) It is (to knowledge) the first case in the world whereby the Judiciary granted a mandamus to compel the Executive to bring into force a statute enacted by Parliament by a certain date.
Pic Credit: Malay Mail Online
