Localised emergencies an option to delay elections after Aug 1

 

Should the state of emergency not be extended beyond the Aug 1 expiry date, the Sarawak state elections and several pending by-elections will have to be held.

However, since elections risk exacerbating the spread of Covid-19, several experts believe that elections could still be suspended by way of localised emergencies. 

Constitutional expert Shamrahayu Abd Aziz said Article 150(2) of the Federal Constitution allows the Agong to declare an emergency based on an imminent threat before it occurs.

“To declare (a new emergency) for a specific locality, like in Sarawak only, can be done and is allowed by the law,” she told Malaysiakini.

According to the government’s timeline, they expect 40 percent of the population to be vaccinated by September and 60 percent by November - meaning many voters could still lack protection from infection.

The Sarawak legislative assembly was scheduled for dissolution on June 6. However, emergency meant that the dissolution and election date was now at the perogative of the Yang di-Pertuan Agong.

This view was shared by analyst Azmi Hassan, who said Malaysia has learned from the “pain” caused by the Sabah election.

A study found that in the weeks after polling day in Sabah last September, 70 percent of Covid-19 cases in the state and 64.4 percent in the rest of the country were directly linked to the state election.

Besides Sarawak, other polls currently on hold are by-elections for the Parliament seats of Batu Sapi and Gerik, as well as the Bugaya state seat in Sabah and the Melor state seat in Kelantan.

The Batu Sapi, Gerik, and Bugaya seats fell vacant last year but were suspended after localised emergencies were declared.

Bersih chairperson Thomas Fann opined that localised emergencies should only be a last resort.

Bersih chairperson Thomas Fann

“This would be as a last resort when the pandemic situation is extremely bad.

“Otherwise, we run the risk of politicians using a health or any crisis to delay or even suspend democracy,” he said when contacted.

Instead, he said the Election Commission (EC) should find ways to make it safer for the people to vote.

“A better way is for the EC to come up with safer ways for people to vote like through postal votes, extended voting periods, or e-voting.

“There must also be changes to the way politicians do their campaigning during a health pandemic,” Fann added.

Another effort being taken up by the government, at least in Sarawak, is to speed up Covid-19 vaccinations in preparation for elections.

However, it is unclear whether sufficient people would be vaccinated by August. The government is expecting more shipments of vaccines next month to bolster supply and speed up the process.

If localised emergencies are not declared to suspend elections, the question then is when should elections be held.

Does a 60-day timer for elections to be held begin on Aug 1 or does it start from the day the seat(s) fell vacant, in which case elections would have to be called immediately?

Lawyer Syahredzan Johan opined that one interpretation is that the 60-day timer starts once the emergency is lifted.

Constitutional expert Aziz Bari - who is also Perak DAP's vice chief - said it would be up to the EC how to interpret the law.

“(But) based on the existing legal provisions, (the by-elections and Sarawak state polls) should be held as soon as possible,” he said. - Mkini