Krian state assemblyperson Ali Biju has disagreed with claims by some lawmakers that the Sarawak legislative assembly would automatically dissolve on Aug 2, thereby necessitating elections in the following 60 days.
In a statement today, Ali said when the emergency was in place on Jan 11, the Sarawak assembly was effectively prorogued and therefore the original June 6 expiry of the legislature did not apply.
"(On Jan 11) the clocks in Parliament and the Sarawak legislative assembly were effectively stopped. 'Stopping the clock' is a convention which is practised by parliaments that follows the Westminster system of government.
"The clock would start ticking again on Aug 2. It would follow then that the Sarawak legislative assembly would have to account for five months after Aug 2 before it expires, which would be Jan 2022," he said.
On June 6, Election Commission (EC) secretary Ikmalrudin Ishak said a notice on the expiry of the Sarawak legislative assembly was received.
However, Ikmalrudin said under Section 15 of the Emergency (Essential Powers) Ordinance 2021, the power to summon, prorogue, and dissolve the Sarawak State Legislative Assembly has no effect.
Ali (above) argued that since the EC, in accordance with the Federal Constitution, set 60 days to conduct elections upon the dissolution of a state assembly, elections can be postponed as far as March 2022.
"In short, we cannot count the months during an emergency, and would have to start counting only after the emergency ends - Aug 2 - plus five months, plus 60 days," he said.
Ali, who is also the energy and natural resources deputy minister and Saratok MP, said given the situation in Sarawak, state elections should only be held when the population achieves herd immunity against Covid-19.
Yesterday, Sarawak chief minister Abang Johari Openg was of the opinion that the EC had 60 days to hold elections after Aug 1. - Mkini
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