Experts: GE must go on despite Sabah invasion

Constitutional lawyers say only a nationwide state of emergency can delay the polls.

PETALING JAYA: Can the government cite the Sulu incursion into Sabah as reason for postponing the general election beyond June 2013?

It cannot, according to constitutional law experts Syahredzan Johan and Azmi Sharom.

Both said the government must call for national polls within 60 days of the dissolution of Parliament unless it had proclaimed a nationwide state of emergency.

They cited Article 55 of the Federal Constitution.

Syahredzan said there was no reason for the government to declare a nationwide emergency as the incursion is limited to certain areas in Sabah.

“For example, there is no reason to postpone elections in Kuala Lumpur as the situation doesn’t warrant it,” he added.

The current government’s mandate expires on April 28, and Parliament will be automatically dissolved if the Prime Minister has not proclaimed the dissolution before then.

Even during an emergency, Syahredzan said, the government could continue functioning if the chain of command remained intact.

“We were technically under emergency rule till 2011, but the government was functioning as usual,” he said. “General elections were also held every five years.”

He was referring to the emergency proclamations of 1966, 1969 and 1977, all of which the government revoked in 2011.

On whether the government could declare a state of emergency that would be limited to the affected areas in Sabah, Azmi said the constitution did not provide for such a possibility.

“How can we call for an emergency only in certain parts of Sabah and postpone polling in those parts? The state government will not have a full mandate.”

This morning, the Malaysian armed forces moved into the areas under siege by the invaders.

Residents in the surrounding areas said they heard the sound of fighter planes and explosions. Many are reported to be fleeing the areas.