The party claims the dismissal is “morally wrong” and had breached the constitutional role played by the state’s legislature.
“We have decided to sue to quash the state assembly’s decision,” state DAP leader Chong Chieng Jen told a press conference at the party’s state headquarters here today.
On Friday, Ting was dismissed as an elected representative under Article 17(1)(g) of the state constitution for voluntarily acquiring citizenship outside Malaysia.
The motion, tabled by Sarawak Second Finance Minister Wong Soon Koh, was put to a vote and received the support of 70 Barisan Nasional (BN) lawmakers, who voted in favour. All 10 opposition members voted against it.
Chong said it was the party’s state committee’s unanimous decision that legal action be taken against the state assembly speaker Mohamad Asfia Awang Nasar and “all the necessary parties” to quash the decision.
“A few (lawmakers) expressed their interest in participating due to the fact that this is not only a case about an injustice done to Dr Ting, but also an assault on the democratic system and we have to defend it.”
The legal team to challenge the summary dismissal currently consists of lead counsel Chong Siew Chiang, who is Chieng Jen’s father, Padungan assemblyman Wong King Wei, Pending assemblywoman Violet Yong, Bukit Assek assemblywoman Irene Chang and state DAP secretary Alan Ling.
DAP said its preliminary study found at least two interpretations of the article of the state constitution that was used to disqualify Ting.
The motion against Ting revolves around the interpretation of Article 17(1)(g) of the Sarawak constitution.
That law states that a person is disqualified from being elected as an elected member of the state legislative assembly if he has voluntarily acquired citizenship, or exercised rights of citizenship, or has made a declaration of allegiance to any country outside the Malaysian Federation.
Chong said the speaker should not have been in a position to adopt the interpretation “that favours them”.
“What happened two days ago in the state assembly was that the BN government of Sarawak was playing God in the whole episode. They acted as legislator, prosecutor, judge and executioner.
“It goes against the rules of natural justice, which is the law of God. And natural justice is the supreme law,” Chong said.
“(It also) opens up a very dangerous precedent whereby the ruling party can interpret the constitution in whatever way they like to suit their purposes of oppressing and suppressing the minority opposition.
“Basically, we are of the view that this decision taken by the state assembly is an assault on the fundamental democratic principles on which our country is founded.
“Therefore, it is not only a case involving Dr Ting, or the DAP elected reps but the basic fundamental structure of the constitution, which is the principle of the separation of powers.”
‘Stigma on Abang Johari’
Meanwhile, Ting said he would remain as a party member.
“Personally, I will continue to stay with DAP and to serve the public in Pujut until this decision is finalised. Today, we came to the right decision to challenge the Barisan Nasional’s right to disqualify me. It is unjustified and it tarnished democracy in Sarawak.
“It happened to me two days ago. Now it can happen to anyone,” Ting said.
Ting had earlier maintained that he never renounced his Malaysian citizenship.
When asked whether he had Australian citizenship, he said he obtained it after “many years” in Australia but renounced it before returning to Malaysia in 2016.
The renunciation process took nearly a year, he added. “I think that is not the true reason they disqualified me. There are ulterior motives.
“I am from the opposition. If I were a member of the government (party), I would not have been disqualified,” he said.
Chong maintained that Ting was a Malaysian citizen throughout and that the provisions of the Federal Constitution did not explicitly say a Malaysian would automatically be stripped of his citizenship should the person become a citizen of another country which recognised dual citizenship.
On a question of the coming Pujut by-election, Chong said the party “will definitely be contesting” but added that it would await the Election Commission’s decision after it is officially notified of the dismissal.
Chong blamed Friday’s proceedings on Chief Minister Abang Johari, who took office on Jan 13, two days after his predecessor, Adenan Satem, passed away from heart failure.
“What happened two days ago will go down in history as a stigma on Abang Johari’s administration. This is the first sitting after he became the chief minister of Sarawak and such an oppression beyond imagination happened in the first sitting where he is the chief minister.
“I believe the persecution was done and carried out with his approval. This only shows that this person would go all out to disregard the rules of natural justice just to persecute people who are of a different opinion or a different political ideology from him.
“So let it be recorded that this happened in his first sitting as a chief minister and it does not augur well (for the state), by any right-thinking reasonable person.”
The motion to dismiss Ting was the first order of the day, on the first day of the current sitting.
Abang Johari was not present for the vote.
Unprecedented dismissal of lawmaker: Sarawak DAP to mount legal challenge