See Chee How
KUCHING (July 31): Batu Lintang assemblyman See Chee How has raised concerns over whether the dissolution of Sarawak’s Dewan Undangan Negeri (DUN) is suspended under the state’s Emergency Proclamation, which ends on Feb 2, 2022.
In a statement today, he said there was a lack of clarity on how the expiry of the nationwide Emergency tomorrow would affect the DUN, whose term was supposed to automatically end in June this year.
“…the Attorney-General should have been more precise and made it clearer in the drafting and publishing of the Proclamation of Emergency (Sarawak) 2021 whether the Sarawak State Legislative Assembly shall be dissolved when the Proclamation of Emergency and Emergency (Essential Powers) Ordinance 2021 ceases to have effect on 2 August 2021,” he said in a statement.
He pointed out that the said Ordinance had two pertinent paragraphs that related to the election and DUN sitting of the State Legislative Assembly.
They were:
1. Paragraph 13:
“For so long as the emergency is in force –
(a) the provisions relating to an 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; and
(b) 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.”
2. Paragraph 15:
“1. For so long as the emergency is in force –
(a) the provisions relating to the summoning, proroguing and dissolution of a State Legislative Assembly in the Eighth Schedule to the Federal Constitution, Constitution of any State and any State Law shall have no effect; and
(b) a State Legislative Assembly shall be summoned, prorogued and dissolved on a date as the Yang di-Pertuan Agong thinks appropriate after consultation with the respective Ruler or the Yang di-Pertua Negeri.”
See said the Proclamation of Emergency (Sarawak) had referred to Paragraph 15 (1)(a), but made no reference to Paragraph 13(a), of the Emergency (Essential Powers) Ordinance 2021.
“It has now resulted in an anomaly as to whether the Sarawak State Legislative Assembly shall stand dissolved on 2 August 2021, or the Yang di-Pertuan Agong in consultation with the Yang di-Pertua Negeri will dissolve the Sarawak DUN, or may still summon and prorogue it.
“The Proclamation of Emergency (Sarawak) 2021 is silent on whether the dissolution of the Dewan Undangan Negeri is suspended. However, the DUN should have dissolved on 7 June 2021. It would necessarily be assumed that the DUN Assembly shall stand dissolved on 2 August 2021,” he said.
See said if the Proclamation had referred to Paragraph 13(a), which deals specifically on the “election to a State Legislative Assembly”, it could not be assumed that the DUN was not dissolved, and that it could still be summoned and prorogued.
He explained that this was because the DUN would stand dissolved when the nationwide Emergency and Ordinance ceased to have effect on Aug 2, 2021; adding that the dissolution of the DUN was no longer suspended.
“The situation is unclear and unsatisfactory, particularly the anomaly of whether the State Legislative Assembly is dissolved.
“There is no mention in the Proclamation of Emergency (Sarawak) 2021 that the Emergency (Essential Powers) Ordinance 2021 shall remain in place until 2 February 2022. It will be presumptuous to say that the Emergency (Essential Powers) Ordinance 2021 will remain and be extended to Sarawak after 2 August.
“Maybe the State government and the Sarawakian Members of Parliament shall immediately seek clarification from the Federal Government and the Attorney-General on the extension and application of the provisions of the Emergency (Essential Powers) Ordinance 2021 in Sarawak until 2 February 2022, wholly or in part,” he said.
See said the impact of the Proclamation of Emergency on Sarawak was momentous and had a far-reaching effect.
“While it is deemed necessary to delay the holding of the next state election to safeguard the security, economic life and public order in Sarawak deemed threatened by the Covid-19 pandemic, it is also necessary to be certain whether the dissolution of DUN is suspended and what are the emergency powers are put in place, and the institutions, authorities and bodies to take necessary actions to continue to handle the pandemic and protect the security, economic life and public order in Sarawak,” he said.