According to the Emergency Proclamation, no election can be held, and the federal and state governments are to function as usual. — Bernama photo
THE current Sarawak State Legislative Assembly (DUN) expires on June 6, 2021, but the Covid-19 Emergency has put the polls on the backburner. In the first part of this series, legal eagles shine a light on what lies ahead for the people and their government.
The natural term of the 18th DUN Sarawak is set to expire this Sunday, and with it, the mandate given to the Gabungan Parti Sarawak (GPS) to govern the state, but that is if we are still living under the old norms.
With Covid-19 ravaging the country, the Yang Di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had decided to declare the Emergency from Jan 12 to Aug 1, this year, to empower the government to take extra measures to contain the pandemic, which had escalated since the start of 2021.
According to the Emergency Proclamation, no election can be held, and the federal and state governments are to function as usual.
However, unlike the rest of the country, Sarawak is the only one with time running out for its Legislative Assembly and it has never had to wait until a term expires before a state election is held.
Senior lawyer Lim Heng Choo agrees that questions about what will happen to the state government after June 6 are only to be expected.
“With the Gawai festivities all done, Covid-19 will return to the centrestage of Sarawak public space – the million-dollar question now stalking the minds of Sarawakian voters is: ‘Will we have a government after June 6, 2021, and who is running the show’, on top of a myriad of other related questions marching across minds intrigued by an unprecedented set of circumstances now facing the ordinary man in the street.”
Lim Heng Choo
He pointed out that when the King exercised his powers under Article 150 (2B) of the Federal Constitution to proclaim Emergency, it brought into existence a new law, the Emergency (Essential Powers) Ordinance 2021.
One of the outflows of the new law is that the Chief Minister and his Cabinet shall continue in office as long as the Emergency is in force.
Moreover, all laws and regulations requiring elections to DUN Sarawak would be suspended as long as the Emergency remains in force, said Lim.
Lim said the dissolution of DUN Sarawak upon the expiry of its five-year term should not affect the executive functions of the Chief Minister and his Cabinet due to the Emergency (Essential Powers) Ordinance 2021.
“The Chief Minister and all his Cabinet will still be authorised to carry out their duties and functions of the government, but not empowered by the Sarawak Constitution.
“They are empowered under various provisions of the new law, Emergency (Essential Powers) Ordinance 2021 to continue their present executive functions.
“The executive authority of the Chief Minister and his Cabinet members will remain intact,” said Lim when asked about what kind of government Sarawak would have after June 6 amid the Emergency Order.
“There’ll be no grounds to worry about lawlessness to suddenly appear on the streets of this beloved state,” he said.
Ordinarily, said Lim, Article 21 of the Sarawak Constitution would be triggered and an election would be called within 60 days.
This had been happening almost uninterruptedly since 1963, he pointed out.
“But we are in extraordinary times, and extraordinary times call for extraordinary measures.”
He was confident that there was unlikely to be any major change as far as the governance of the state or of the powers of the government went.
“Ordinary citizens would still be bound to the law as it stood before June 6, 2021. For us ordinary folk, life would go on as usual,” added Lim.
Another lawyer RJ Noel said a state election is inevitable, adding that it could even be held during the emergency if the Yang Di-Pertuan Agong allows it.
“Are we ever going to have an election? Of course! Elections are the very essence of a democracy, as that is how citizens get to choose their representatives in the legislature; in our case, the DUN – or the ‘Council Negri’, as some old-timers might recall it,” he said.
RJ Noel
Chief Minister Datuk Patinggi Abang Johari Tun Openg and his Sarawak Cabinet would remain in power and perform their duties until the lifting of the present Emergency Order, he pointed out.
“The present Emergency has been declared to last until Aug 1, 2021, and the Sarawak government shall continue exercising its duties and powers till then, under the provisions of the earlier mentioned Emergency Ordinance.”
However, when asked on when the next state election would likely be held, Noel responded: “I wish I had a crystal ball that I could peer into to get an answer for you.
“But the Emergency Ordinance provides that under Section 13 (b) of the Ordinance, any election of the DUN during the Emergency shall be held on a date as the Yang Di-Pertuan Agong thinks appropriate after consulting the Yang Di-Pertua Negeri Sarawak.
“That means the Sarawak government could only hold the state election if the Yang Di-Pertuan Agong, after consulting the Yang Di-Pertua Negeri Sarawak, had fixed an appropriate date during the Emergency period under the Proclamation of Emergency.
“Otherwise, no Sarawak state election could be held during this Emergency period.”
Noel said in short, the mandate given by the voters to their ‘YBs’ (elected representatives) had been extended by the Proclamation of Emergency, and would continue until the Yang Di-Pertuan Agong, in consultation with the Yang Di-Pertua Negeri Sarawak, had decided.
“I’m confident that the state remains in good hands, despite the Emergency situation and Covid-19 pandemic.
“We have to trust and pray that any decision would be made in the best interest of Sarawakians,” said the senior lawyer.
from Borneo Post Online https://bit.ly/34F0pjh
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