SOSMA defeat: “Why did you not show up?” - [Bubar Parliament?]

SOSMA defeat: “Why did you not show up?”




PARTI Keadilan Rakyat (PKR) communications chief Fahmi Fadzil has questioned the absence of 31 Government MPs during the vote to approve a motion under the Security Offences (Special Measures) Act 2012 (SOSMA) in Parliament yesterday (March 23).


According to the Lembah Pantai MP, the absence of the 31 – including UMNO president Datuk Seri Ahmad Zahid Hamidi, former prime minister Datuk Seri Najib Razak and UMNO secretary-general Datuk Seri Ahmad Maslan – had cost them the approval of the motion.

“According to the MPs that were present at Parliament yesterday during the SOSMA motion vote, among those who were not present were Bagan Datuk (Ahmad Zahid), Pekan (Najib), Pagoh (Bersatu president Tan Sri Muhyiddin Yassin) and Pontian (Ahmad Maslan),” Fahmi said in a Facebook posting.


“Rather than making up stories about how Pakatan Harapan (PH) has failed the memorandum of understanding (MOU) they should be explaining why they themselves were not present to support their own Government’s motion.

“Had at least two or three of these MPs been present yesterday, the Government’s motion would have been passed. Why did they not show up?”


Yesterday, Home Minister Datuk Seri Hamzah Zainudin had tabled a motion to extend Sub-section 4(5) of SOSMA, which allows for a 28-day detention period, for another five years starting July 17, 2022.

The motion was rejected after a bloc vote saw 86 MPs voting against and 84 in favour. The other 50 MPs were absent.

It is also learned that three government MPs were not allowed to vote due to their late arrival.

Following the government’s shock defeat, UMNO minister Tan Sri Annuar Musa had accused PH of violating Article 3.39(b) of the MOU which he claimed requires the Opposition to support any motion brought forward by the Government.

Annuar claimed this would be a “blessing in disguise” as it would allow Prime Minister Datuk Seri Ismail Sabri Yaakob to dissolve Parliament and pave the way for the 15th general election to be held.

This is despite Article 9.1 of the MOU between the Government and the opposition bloc stipulating that the agreement would not bar its function as check-and-balance against Government powers.

Similarly, Zahid said that the Government’s failure in its motion to extend the detention period under SOSMA has come as a shock and was an indication that UMNO-Barisan Nasional (BN) must immediately free itself from the “shackles of a weak cooperation”.

“(When) the motion tabled failed due to lack of support from the Opposition, it is appropriate for all of us to conclude that [the Opposition] has broken their promises, violated the agreement and completely ignored their previous commitments,” he said on Facebook.

Datuk Seri Anwar Ibrahim


Rejection of SOSMA motion not in breach of MOU

Pakatan Harapan chairman Datuk Seri Anwar Ibrahim said that the Opposition’s rejection of the parliamentary motion on SOSMA is not a contravention of its MOU with the Government.

“As explained by some MPs, the motion is not a part of the MOU between the government and Pakatan. Therefore, the rejection of the motion does not (have) any effect on the MOU,” he said in a Facebook post late Wednesday (March 23) night.

DAP secretary-general Anthony Loke similarly echoed Anwar, adding that the decision by Pakatan Harapan (PH) MPs to vote against the extension of a provision in SOSMA for another five years does not threaten the MOU at all.

“The coalition had not violated their obligation even though we voted against this motion. It is our right as MPs,” he said in a Facebook live session.

When asked whether the Government could raise this motion in Parliament again before the provision expires, Loke said that this was up to the Government.

“They can bring it up again but our stance on this issue will remain the same,” he remarked.

SOSMA is not repealed

However, the Dewan Rakyat’s decision to not extend the SOSMA provision on detention without trail does not mean that SOSMA has been repealed, Ledang MP Syed Ibrahim Syed Noh clarified.

“While the Government has failed in its bid to continue with the powers to detain suspects for up to 28 days without trial under SOSMA, this does not mean that SOSMA has been repealed … specifically, it only means that the period of 28 days of detention without trial will expire on July 31, 2022,” he explained.

According to Syed Ibrahim, the Government can still use SOSMA for security purposes. The issue of security being compromised or that the Opposition has blatantly ignored security-related matters are not relevant here.

“In fact, there are other laws that can be applied, among them the Criminal Procedure Code (Act 593). The most important thing here is that the right to justice is upheld.”

Syed Ibrahim further noted that the role of the Opposition as a check and balance to the ruling government can still be upheld despite the MOU.

“The purpose of the MOU is very clear which is to ensure that the mutual benefit of the people and the country is met in the midst of a health and economic crisis,” he commented.

“I want to remind certain UMNO leaders to not take advantage of the situation and be honest in accepting the fact that you have failed to support your own Government’s motion when in fact you are part of the Government.” – March 24, 2022