KUALA LUMPUR: As long as the nationwide Emergency rule is in place, the current Sarawak state government line-up will remain as there is no legal sanction for a state election to be held.
Constitutional expert Professor Datuk Dr Shad Saleem Faruqi said although Sarawak had its own laws regarding its election and the dissolution of its state assembly, the current Emergency rule overrides all such laws.
Since the Sarawak state assembly is due to be dissolved on June 7, it has approximately 60 days to hold an election, which means it must be held on or before Aug 7.
However, Shad pointed out that under the current state of emergency, the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, on the advice of Prime Minister Tan Sri Muhyiddin Yassin, will get to determine when the Sarawak state election can be held.
"Since we are under Emergency rule, the Aug 7 deadline does not apply," he told the New Straits Times yesterday.
"Under the current Emergency, the Parliament and state assemblies are under prorogation and elections are suspended. Sarawak is no exception to this."
On Jan 11, the Yang di-Pertuan Agong agreed to proclaim a state of emergency nationwide until Aug 1 following a spike in the number of Covid-19 daily cases in the country.
Given that the Emergency is due to end on Aug 1, this has sparked the question whether Sarawak will have to quickly hold its state election before the Aug 7 deadline ends.
"The answer is no, Sarawak does not have to hold its state election within the seven days.
"The 60-day rule (to hold an election after the dissolution) will only apply after the nationwide Emergency rule ends, which would be on Aug 1.
"So, starting Aug 1, Sarawak has 60 days to do it (hold state election)," he said.
Nevertheless, the law professor said this would apply if the Yang di-Pertuan Agong does not extend the state of emergency beyond Aug 1.
"But regardless, even if the state of emergency is extended, then the Sarawak state election can be held 60 days after the Emergency is lifted.
"It is important to note that during an Emergency, all government positions, as in the Menteris Besar or Chief Ministers and their excos (executive councillors) who were already (sworn in) prior to the Emergency, will remain in their respective positions.
"Since there is already a functioning government, holding an election during a pandemic, especially one that could put the public's safety at risk, is considered as a non-priority. While we celebrate democracy, the people's lives should come first," he said.
Meanwhile, analysts told the NST that Sarawak's ruling coalition, Gabungan Parti Sarawak (GPS), has the state election in the bag regardless of when it is held.
Senior Fellow of the National Professors Council Professor Dr Jeniri Amir said with over 90 initiatives that the state government had come up with for its people since the pandemic hit the state, GPS will continue to have the upper hand.
"GPS is the state government, which means it has the upper hand in terms of money and logistics, among others. It has been able to cater to what the people want and so, in whatever situation, GPS will have that advantage."
Universiti Malaya's Professor Dr Awang Azman Awang Pawi echoed a similar view, saying the Covid-19 outbreak had helped the Sarawak state government under Chief Minister Datuk Patinggi Abang Johari Abang Openg to shine.
He said GPS's efforts in fighting the pandemic had boosted its stature among voters in the Borneo state but warned that a "misstep" could cause the coalition to "stumble".
"GPS will win the state election regardless of when it is held but the leaders should not take this for granted because, in politics, sentiments can change. Instead of winning big, GPS could lose some seats. Take the (diver) Pandelela Rinong's Datukship issue as an example.
"Sarawak Youth and Sports Minister Datuk Abdul Karim Rahman Hamzah's statement that Pandelela is too young to receive the Datuk title is causing discomfort among the Dayak community there.
"If the state election is held next week, will the Dayak community vote for GPS? This is what I meant by a change in sentiments, which is why it will be wise for GPS to not take things for granted," he said.
Malaysia's diving queen Pandelela is a two-time Olympic medallist. Recently, she won a gold medal at the just concluded Fina Diving World Cup in Tokyo, Japan.
Last Thursday, Karim said that Sarawak would accord some kind of reward to Pandelela for securing Malaysia's first-ever gold medal at Fina but added that it was not good to always reward an athlete each time he or she won something.
Karim had said Pandelela was only 28 years old and it would be difficult for her to interact normally outside when her friends start calling her Datuk.
The next day, Parti Bansa Dayak Sarawak Baru secretary-general Julius Enchana questioned Karim's reasoning, saying the latter should be the one to recommend a Datukship for Pandelela instead of using her age as an excuse.