Constitutionally, unless sooner dissolved, state legislative assemblies will be dissolved five years from its first sitting.[1]
Since the Sarawak State Legislative Assembly had its first sitting on 7th June 2016,[2] the state legislative assembly should have been dissolved (at the latest) by June 2021 and state elections be called within 60 days from the date of the dissolution.[3]
As a result of the nationwide Proclamation of Emergency issued on 11th January 2021[4] and the Emergency (Essential Powers) Ordinance 2021, the “provisions relating to an election for the election to a State Legislative Assembly …, Constitution of any State and any State Law [has] effect.”[5]
This means that the constitutional necessity for the Sarawak state elections to be held is temporarily suspended[6] until either the Emergency is no longer in force or the Yang di-Pertuan Agong sets a state election date after consultation with the Yang di-Pertua Negeri of Sarawak.[7]
At the present moment, the Emergency is scheduled to cease after 1st August 2021[8] and the Malay Rulers have stated that “there is no necessity to place the country under a state of emergency after Aug 1, 2021.”[9]
Tan Sri Datuk Amar Dr. James Jemut Masing, the Deputy Chief Minister of Sarawak, has voiced his concerns that the Sarawak state elections have to be conducted once the Emergency comes to an end.[10]
At this juncture, such concerns are perfectly valid as the Sabah state elections had catastrophic effects on COVID-19 cases in the state.
As admitted by Tan Sri Dato Seri Haji Mahiaddin Bin Haji Md Yassin, the current Prime Minister of Malaysia,[11] and supported by researches which have been conducted,[12] the Sabah state elections resulted in a third wave of COVID-19 infections in the country.
One option to further defer the Sarawak state elections would be by way of a statewide Proclamation of Emergency.
If what happened in Sabah were projected/predicted to happen to Sarawak as a result of the Sarawak state elections, this would be a “grave emergency … whereby the security, or the economic life, or public order in … [Sarawak] is threatened.”[13]
Precedents for a statewide Proclamation of Emergency exist. In the past, statewide Emergencies were declared in Sarawak[14] and in Kelantan[15] due to political instability.
Prior to the nationwide Emergency, the Yang di-Pertuan Agong also issued a Proclamation of Emergency over the parliamentary constituency of Batu Sapi resulting in a postponement of a by-election due to a casual vacancy.[16]
As of 21st June 2021, only 29.89% of the population of Sarawak has been vaccinated.[17]
A further Emergency in Sarawak would enable the health authorities to continue their vaccination efforts and potentially achieve herd immunity (or full vaccination)[18] before the Sarawak state elections are held.
The Election Commission would also be able to use the time to refine its standard operating procedures for elections conducted in the midst of the pandemic.
[1] Article 71 of the Federal Constitution read together with Section 9(3) of Part I of the Eight Schedule to the Federal Constitution
[2] Bernama. “All 82 newly-elected Sarawak assemblymen sworn in.” 7 June 2016. https://www.thestar.com.my/news/nation/2016/06/07/all-82-newly-elected-sarawak-assemblymen-sworn-in
[3] See Section 9(4) of Part I of the Eight Schedule to the Federal Constitution
[4] See P. U. (A) 7/2021
[5] See Section 13(a) of the Emergency (Essential Powers) Ordinance 2021
[6] Bernama. “Sarawak State Election postponed: EC.” 6 June 2021. https://www.dailyexpress.com.my/news/172356/sarawak-state-election-postponed-ec/
[7] See Section 13(b) of the Emergency (Essential Powers) Ordinance 2021
[8] See P. U. (A) 7/2021
[9] New Straits Times. “Malay rulers say state of emergency after Aug 1 is unnecessary.” 16 June 2021. https://www.nst.com.my/news/nation/2021/06/699415/malay-rulers-say-state-emergency-after-aug-1-unnecessary
[10] Pei Pei, Goh. “’Sarawak in political and social conundrum if emergency ends in August’.” 17 June 2021. https://www.nst.com.my/news/nation/2021/06/699528/sarawak-political-and-social-conundrum-if-emergency-ends-august
[11] S. Bedi, Rashvinjeet. “Muhyiddin admits Sabah polls caused third Covid-19 wave.” 18 November 2020, https://www.thestar.com.my/news/nation/2020/11/18/muhyiddin-admits-sabah-polls-caused-third-covid-19-wave.
[12] Malaysiakini. “Sabah election ‘seeded’ third Covid wave, study confirms.” 29 May 2021, https://www.malaysiakini.com/news/576598.
[13] Article 150(1) of the Federal Constitution
[14] See the Emergency (Federal Constitution and Constitution of Sarawak) Act 1966
[15] See the Emergency Powers (Kelantan) Act 1977
[16] New Straits Times. “EC halts preparations for Batu Sapi by-election” 18 November 2020. https://www.nst.com.my/news/nation/2020/11/642337/ec-halts-preparations-batu-sapi-election
[17] The Special Committee on Ensuring Access to COVID-19 Vaccine Supply. https://www.vaksincovid.gov.my/en/statistics/
[18] “KJ: Full vaccination for Sarawak before state polls.” 29 May 2021. https://www.thestar.com.my/news/nation/2021/05/29/kj-full-vaccination-for-sarawak-before-state-polls
Recent Comments