Datuk Abdul Karim Rahman Hamzah
KUCHING: No election can be held in any part of Malaysia during an Emergency unless it is lifted by the Yang di-Pertuan Agong, said Datuk Abdul Karim Rahman Hamzah.
The state Tourism, Arts and Culture Minister, who is a lawyer by training, said the Agong can lift the Emergency in certain states or constituencies when the situation is appropriate.
“He can declare Emergency and he can lift the Emergency. This is provided for by Section 13(b) Emergency (Essential Powers) Ordinance 2021 which I opine includes the Agong’s power to lift the Emergency in a certain state or constituency after consultation with the Ruler or TYT (Yang di-Pertua Negri) of that state.
“This needs to be done if there is a need for an election to be held in a certain state or constituency. As it is, no election can be held when an Emergency is in force,” Abdul Karim, who is also state Youth and Sports Minister, told The Borneo Post yesterday.
Section 13(b) of the Emergency (Essential Powers) Ordinance 2021 states that ‘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’.
Abdul Karim was elaborating on his earlier statement published yesterday which quoted him as saying there was no need for a new law if the state polls was to be held when the Emergency was still in force.
He stated this when disagreeing with the view of constitutional law expert Prof Datuk Shad Saleem Faruqi, who was quoted in an earlier report as saying that the Agong would have to amend the existing ordinance within the Emergency period to allow Sarawak to have its state election this year.
It was reported last Friday that State Cabinet members were planning to appeal to the Yang di-Pertuan Agong to lift the Emergency order in Sarawak if the Covid-19 situation in the state was brought to a manageable level.
Deputy Chief Minister Tan Sri Datuk Amar Dr James Masing was quoted by Bernama as saying several Cabinet members had an ‘informal discussion’ about the matter.
He had said if the appeal was favourably considered, it would pave the way for the 12th State Election to be held as the term for the current State Legislative Assembly ends in June.
On Jan 12, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah proclaimed a State of Emergency, to be enforced up to Aug 1, as a proactive measure to contain the worsening Covid-19 pandemic in Malaysia.
The Emergency (Essential Powers) Ordinance 2021 among others stipulates that general elections, state elections and by-elections, as well as Parliament and State Legislative Assembly sittings, will not be held as long as the Emergency is in force.
On Jan 14, Chief Minister Datuk Patinggi Abang Johari Tun Openg had said Sarawak would be able to hold its state election if the Covid-19 situation in the state improved and the Emergency was lifted earlier.
Abang Johari was quoted as saying Sarawak had to comply with the nationwide Emergency proclaimed by the Agong under Article 150 of the Federal Constitution, which is in effect until Aug 1.
“If the King is convinced that there has been a lot of improvement, he can issue another proclamation. Let’s say Sarawak is improving and the numbers go down, he can proclaim that maybe Sarawak is okay now, so (in) a part of Malaysia (the Emergency) can be lifted,” he told reporters at Kampung Segedup that day.
Under the State Constitution, an election must be held within 60 days from the dissolution of the State Legislative Assembly.
The legislature’s current term ends on June 6 this year, and an election must be held by Aug 5 at the latest.