KUCHING: Sarawak must hold its 12th State Election within 60 days once the emergency declaration ends, unless Yang di-Pertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah decides to continue it (emergency).
A Sarawak lawyer, Simon Siah said the current term of the Sarawak State Legislative Assembly (DUN) expired on June 6 but was extended due to the emergency declaration by the King.
He said when the emergency is lifted; the DUN Speaker has to make an official announcement that the DUN has been dissolved. Then, the Election Commission will decide on the election dates within 60 days.
"Although in the past, it was the prerogative of the Chief Minister to call for the dissolution of the DUN based on their 'preferred dates' or the 'best timing', they are unable to do so this time," he told the New Straits Times.
"They (state government) can't decide on the dissolution date - it would be when the emergency ends. No one has the power to stop the election, except the King," he said.
The King can also decide to end the emergency (for the whole nation) now, and declare another emergency in Sarawak only – like what had happened in 1966.
On Sept 14, 1966, a state of emergency was declared in Sarawak on the grounds that there was "a serious situation which posed a grave threat not only to the security of the state but also to the whole country".
This was after 21 out of the 42 state legislature members said that they had no confidence in the Chief Minister Stephen Kalong Ningkan's leadership.
Ningkan, however, refused to resign from cabinet, saying that the letter claiming that he did not have the support of the majority was not accompanied with a formal motion of no confidence against him.
Ningkan took the case to the High Court of Borneo and was reinstated as the Chief Minister. He had planned to call for a snap election upon his reinstatement, but before he could do so, the Federal Government imposed a state of emergency in Sarawak.
Siah said without the emergency declaration by the King, there is nothing to stop Sarawak from having its state election.
He said the Emergency Ordinance is supreme and takes precedence over the State Constitution and any other written laws pursuant to Article 150 (Proclamation of Emergency) of the Federal Constitution and Section 18 of the Emergency Ordinance.
The Sarawak DUN remains in effect despite its five-year term which expired on June 6 due to the emergency declaration which ends on Aug 1.