My view on the possibility of Sarawak holding elections during present State of Emergency

Recently I have voiced out my disagreement on the views by constitutional law expert, Professor Datuk Shad Saleem Frauqi and the topic on the new law that may be needed if Sarawak holds elections while the State of Emergency is still being enforce.

  

I have said this because it was clearly stated in Section 13 of the Emergency (Essential Powers) Ordinance 2021 with regards to Election of State Legislative Assembly. As long as the Emergency is in force, Section 13(a) of the Ordinance states that ‘the provisions relating to an election for the election to a State Legislative Assembly in the Eighth Schedule to the Federal Constitution, Constitution of  any State and any State Law shall have no effect.

 

I have also pointed out that Section 13(b) of the same Ordinance states that ‘an election for the election to the State Legislative Assembly shall be held on a date as the Yang di-Pertuan Agong thinks appropriate after consultation  with the respective Ruler or the Yang di-Pertua Negeri.

 

Therefore, I personally do not see the need for a new ordinance or law if we were to call for the next state election…if Sarawak wishes to have an early date (for election) before the expiry of the Emergency, the Chief Minister will have to bring up the matter to the Independent Special Committee to advise the Yang di-Pertuan Agong (YDPA) and the YDPA will consult the Tuan Yang Terutama (TYT) Yang di-Pertua Negeri.

 

I was interviewed by our media friends on the recent report published by a local daily which quoted Prof Shad Saleem as saying the Yang di-Pertuan Agong would have to amend the existing ordinance within the Emergency period to allow Sarawak to have its state election this year.

 

Prof Shad Saleem was also quoted as saying that if the Emergency ends on Aug 1, the laws that suspended the elections will continue to be in force for another six months due to Article 150(7) of the Federal Constitution. It was mn my view, before Emergency ends and while Yang di-Pertuan Agong still has the power to consult with the Yang di-Pertua Negeri Sarawak to order an election as soon as possible, he (Agong) has to amend the ordinance to allow election in the state. Prof Shad Saleem was also quoted by the media that during the Emergency, the provision in the Eight Schedule which states that an election must be held within 60 days of the dissolution of the State Legislative Assembly, has been suspended.

 

Last Friday, it was in our local media that Sarawak Cabinet members had discussed appealing to the Yang di-Pertuan Agong to lift the Emergency Order in Sarawak if the Covid-19 situation in the state was brought to a manageable level. Our esteemed Deputy Chief Minister, Tan Sri Datuk Amar Dr James Masing had also told Malaysia’s National News Agency (BERNAMA) that if the appeal was favourably considered, it would pave the way for the 12th state election as the term for the current State Legislative Assembly ends in June.