Asfia shows a copy of the Emergency (Essential Powers) (Sarawak) Ordinance 2021 at the press conference. With him is Deputy DUN Speaker Datuk Gerawat Gala. — Photo by Roystein Emmor
KUCHING (Aug 4): The current Emergency (Essential Powers) (Sarawak) Ordinance 2021 is a new ordinance specifically tailor-made for Sarawak, said State Legislative Assembly (DUN) speaker Datuk Amar Mohammad Asfia Awang Nassar.
He pointed out this ordinance is not an extension of the previous Emergency (Essential Powers) Ordinance 2021 that applied to the whole of Malaysia.
“The Proclamation of Emergency by His Majesty the Yang di-Pertuan Agong stipulates four grounds for the Emergency where firstly, His Majesty is satisfied that ‘the security, economic life, and public order are threatened by the public’; and second, the DUN Sarawak should have been dissolved on June 7, 2021 and subsequently August 2, 2021 pursuant to Article 21(3) of the State Constitution but this clause is suspended by Section 3(1) of the current Emergency (Essential Powers) (Sarawak) Ordinance 2021.
“Third, Section 3(1) of the current ordinance to have effect on August 2, 2021 when the State Election should take place within 60 days by virtue of Article 21(4) of the State Constitution and fourth, under Article 150(1) of the Federal Constitution, the Proclamation of Emergency is issued to suspend the General Election because of the Covid-19 pandemic,” he told a press conference at the DUN Complex here.
He said because of the four reasons, the Proclamation was made throughout Sarawak from Aug 2, 2021 to Feb 2, 2022.
However, he noted these dates are not ironclad.
“The operation of the Proclamation of Emergency (Sarawak) may be terminated earlier by the Yang di-Pertuan Agong in consultation with the Yang di-Pertuan Negeri of Sarawak,” he said.
He also said the DUN shall be dissolved on the date the Proclamation of Emergency is revoked or annulled.
“Under Section 4 of the Ordinance states that ‘For so long as the emergency is in force, the provisions relating to the sitting of Dewan Undangan Negeri in the Constitution of the State of Sarawak shall have no effect’.”
In addition, he said DUN members will be entitled to remuneration and any other allowances and benefits payable to them under any written law until the date of dissolution of DUN.
“Under Section 6(1) of the Ordinance, the Chief Minister and the Majlis Mesyuarat Kerajaan Negeri Sarawak existing immediately prior to the issuance of the Proclamation of Emergency (Sarawak) on July 29, 2021 who have been conferred the executive authority shall continue to exercise the executive authority of the State of Sarawak and such other persons who have been conferred the executive functions by law shall continue to exercise such functions.
“They shall also be entitled to remuneration and any other allowances and benefits payable to them under any written law as stipulated under Section 6(2) of the Ordinance,” said Asfia.
He explained from the rationale expounded in the preamble, there is an irresistible interference that the dissolution of DUN and the date of the State Election must be subordinated to the higher lofty goals and interests of general wellness, welfare, and vital health of Sarawak’s people.
“It is equally clear that the election in Sarawak pursuant to Article 21(3) and 21(4) of the State Constitution that Election can be held within 60 days from the date of dissolution cannot operate without Section 3(2) of the current Emergency (Essential Powers) (Sarawak) Ordinance 2021.
“Section 3(2) of the current ordinance is absolutely indispensable to Article 21(3) and Article 21(4) of the State Constitution. In fact, it is ‘sine qua non’ (a necessary condition without which something is not possible) of Article 21(3) and Article 21(4),” he added.