What other law to use when people don't want polls? – FT minister

 

COVID-19 | Federal Territories Minister Annuar Musa has told critics of the government’s plans to invoke emergency powers to suggest alternatives that would avoid the need for an election.

This came as many lawyers and opposition politicians argued that the wide-ranging powers under the Prevention and Control of Infectious Diseases Act 1988 and National Security Council Act 2012 are adequate in tackling the Covid-19 pandemic.

“Please advise which law to use when Batu Sapi voters want the government to postpone the by-election? Which law to use when Sarawakians want their state election to be postponed for fear of what happened to Sabah?

“And which law to use when 87 percent of voters indicated they don’t want a general election for fear of a Covid-19 outbreak?” Annuar said on Twitter last night in response to a news report quoting legal experts questioning the necessity of the move.

The Batu Sapi by-election is due to be held on Dec 5, following the death of its incumbent Warisan's Liew Vui Keong on Oct 2.

The Election Commission (EC) said it has no choice but to hold the by-election within 60 days of the Batu Sapi seat being made vacant, as mandated by the Federal Constitution. 

University of Malaya law professor Shad Saleem Faruqi concurred saying the only exception is if an emergency under Article 150 of the Constitution is declared.

This came as Sabah continues to battle the largest ongoing Covid-19 outbreak in the country, which has spread to the rest of Malaysia, following campaigning and polling activities at the Sabah state election that concluded on Sept 26.

The EC had said it was drafting new procedures for the Batu Sapi by-election to reduce the risk of Covid-19 transmission. 

Some parties have opted to sit out from the by-election, while others advocated for Warisan to be given a walkover to avoid the need for campaigning and polling.

S'wak has until June next year

The Sarawak state election, meanwhile, is not due until around the middle of next year. Its state assembly will automatically be dissolved on June 7, if it is not dissolved earlier. Should it be dissolved on June 7, then election must be held on or before Aug 7.

While Sarawak Deputy Chief Minister James Masing had said the Covid-19 pandemic would not stop the state election from being held, Chief Minister Abang Johari Openg said he would weigh between public health needs and the need to seek a new mandate.

“I am subject to the advice from experts... especially (on) the (public) health. I mean we are not crazy for power (to call for an election), (but) what is important is you must have a government with a mandate not only to manage Covid-19 (but) to manage the country and the economy,” Bernama quoted him as saying.

Federal elections, meanwhile, are not due until 2023.

However, Prime Minister Muhyiddin Yassin is facing challenges to his tenuous grip on power from both within and outside his ruling coalition, which has prompted speculation that a snap election could be held. - Mkini