“Emergency allows present S’wak govt to govern even after DUN term expires”

A file photo of the State Legislative Assembly (DUN) Complex fronting the Sarawak River.

By Lian Cheng

KUCHING, May 27: The present Sarawak government will not become a caretaker government but continue to be a government chosen by the people even after the expiry of the present term of the Sarawak Legislative Assembly (DUN) on June 6, 2021.

This, according to Parti Pesaka Bumiputera Bersatu (PBB) vice-president Datuk Abdul Karim Rahman Hamzah, is because of the Emergency that is in place nationwide.

Due to the Emergency, Abdul Karim said, the Sarawak government after June 6, 2021 is an extension of the present government with the same authority as before the said expiry.

“After June 6, the Sarawak government does not become a caretaker government as stipulated by our Constitution. It will continue to be the government with the same power and authorities of a chosen government,” Abdul Karim told DayakDaily today.

Abdul Karim explained that when the Emergency is in place, its laws supersede other laws and in the case of the DUN, the part of the constitution which stipulates that DUN ceases to be effective upon its expiry is no longer applicable under Emergency.

“Yes, our DUN tenure expires on June 6. But as Emergency laws override others laws including the ones related to DUN, so it is as if the date of June 6 has no more effects on DUN.

“It will continue to be so until Emergency lapses on Aug 1, 2021, or the King agrees to dissolve the DUN before the expiry of the Emergency,” said Abdul Karim.

The Asajaya assemblyman added, if the King sees fit for the Emergency to be extended after Aug 1, 2021, then the present Sarawak government will continue to function as it is now.

“As long as the Emergency is in place, the present Sarawak government can continue without having to worry about dissolution of the DUN and Sarawak Election.

“However, Emergency can’t be there forever; still Sarawak will need to hold its election. And that will depend very much on the Covid-19 situation in Sarawak,” he said.

As of now, Abdul Karim who is also Tourism, Arts, Culture, Youth and Sports Minister said Sarawakians will have to take the “wait and see” stand.

In Malaysia, a caretaker government is in effect when Parliament or a State assembly is dissolved. The caretaker government will continue to function until a new cabinet is set up following a successful election.

A caretaker government under Malaysia’s constitutional practice is subject to some restrictions including losing the authority to make major decisions including approving budgets of huge sums, appointing public officials to major positions, or entering into major contracts, among others. It can however, make decision on urgent matters. — DayakDaily