Extension of Emergency not expiry of term of DUN members – Idris

Dato Idris Buang

KOTA SAMARAHAN (Aug 2): The extension of the Emergency in Sarawak until Feb 2 next year cannot be interpreted as the expiration of the term of members of the State Legislative Assembly (DUN), said Muara Tuang assemblyman Dato Idris Buang.

He pointed out the extension of the Emergency would, however, extend the tenure of duty of all assemblymen in Sarawak up to that date, hence unique for Sarawak as they are all serving on ‘extra time’.

This is because the computation of time for the purpose of dissolution by default after a five-year period in respect of the DUN should not take into account the period or periods of emergency proclaimed by the Yang di-Pertuan Agong, he reasoned.

“The total number of days in these period(s) should be regarded in law as ‘excluded days’ within the meaning of Section 13 of the Interpretation Ordinance of Sarawak.

“If as such, the assemblymen’s term would have expired on June 7, 2021, had it not been because of the previous Emergency which ended today (Aug 1), and now another Emergency which will end on Feb 2 next year. Well, there are many of us (who) are all living on ‘extra time’, isn’t it?” he said in a statement yesterday.

Idris was replying to a statement Saturday by Parti Bumi Kenyalang (PBK) president Voon Lee Shan, that all DUN Sarawak members ought not to be paid their salaries and allowances from Aug 2 in line with the extension of the Emergency in the state until Feb 2 next year.

Voon had argued that the proclamation of the six-month Emergency by the Yang di-Pertuan Agong to suspend the Sarawak election due to ongoing Covid-19 concerns made no mention about the term of the state assemblymen being extended until February 2022.

Idris argued that should the extension of the Emergency in the state until Feb 2 be interpreted as the expiration of the term for the state assemblymen, then office bearers of political parties in both the government and opposition block in Sarawak would have ended as well.

He said all elections for their respective posts have been put on hold simply because of the Emergency which was declared by the Agong and though on ‘extra time’, the tenure of these office bearers of political parties are automatically and legally extended as the Societies Act required their elections to be put on hold too.

“The same goes for clubs, associations, cooperatives and/or companies registered with the various respective laws such as the Societies Act, Companies Act, Co-operatives Act, and so on or any other laws which require elections of office bearers … all these are all put on hold,” he added.

Thus, he said, the extension of the Emergency and subsequent ‘suspension of election’ do not mean that the terms and tenure to hold office and functionally act in these various positions like chairmen or members of the executive committees or boards and so on have ended or become illegal.

“They still validly and legally hold such offices and carry on their respective duties and responsibility as maybe allowed within the ambit of the ordinances and rules under the Emergency setting, hence for the same reasons given above state assemblymen of Sarawak shall legally and earnestly receive their salaries or remunerations,” he reiterated.

from Borneo Post Online https://bit.ly/3lmkeFl
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