KUCHING, Nov 5 ― Datuk Patinggi Abang Johari Openg today said the Sarawak election has to be held now as the state government feels that it would be betraying its oath if it were to hang on to power under the guise of Emergency even when its mandate had expired on June 7.
The chief minister said the Gabungan Parti Sarawak (GPS) government feels it has to hold true to its oath to preserve and protect the Constitution of Sarawak and the Federal Constitution and safeguard the rights of voters to choose their own government.
“Had the Emergency not been proclaimed, the State Legislative Assembly would have been dissolved by June 7, 2021 as required by the Constitution of the State of Sarawak and my government would no longer have the people's mandate, which was given in 2016, to govern,” he told reporters.
“When members of my government and I were appointed, we made the solemn oath to preserve, protect and defend the State Constitution and the Federal Constitution.
“It is in this spirit and intent that we have consulted with and advised the Governor to seek the Yang di-Pertuan Agong’s consent to terminate earlier the proclamation of emergency in accordance with Section 2(2) of the Ordinance.
“Without the mandate, we can’t make major decisions. We just govern the state, that is all,” he said.
He said the state government also realises that the health and safety of the people of Sarawak are paramount.
“Therefore, in coming to this decision we have had a careful and constant engagement with the health authorities and other stakeholders in order for the election to be held with all the necessary Standard Operating Procedures (SOPs) in place and the rates of Covid vaccination has achieved a level which would be acceptable by the authorities for the election to be conducted safely,” he said.
He said the State Assembly was dissolved on November 3 after having been advised that legal and public safety and health consideration have been put in place, and in compliance with the Yang di-Pertuan Agong's assent to revoke the proclamation of emergency after consultation with the Sarawak Governor.
He said it was also in accordance with Article 2l(2) of the State Constitution read together with Section 3(3) of the Ordinance.
Abang Johari said before the expiry of the Proclamation of Emergency issued on January 11, 2021 by the Yang di-Pertuan Agong for the whole of Malaysia, His Majesty had further proclaimed a state of Emergency over the whole of Sarawak on August 2 2021 until February 2, 2022 due to the threat to public health caused by the Covid-19 pandemic.
“Following the two proclamations, the state election, which under the State Constitution was to be held upon the dissolution of State Assembly June 7, 2021, was further postponed to another date during which the Proclamation of Emergency is no longer in force.
“According to the proclamation, the state of emergency is due to expire on February 2, 2022 after which the State Assembly is to be dissolved and a general election is to be held within 60 days thereafter.
“This is to guarantee that the right of the people of Sarawak to democratically elect their government in line with the parliamentary democratic practices is protected.
“Section 2(2) of the Emergency (Essential Powers) (Sarawak) Ordinance 2021 however provides that the operation of the proclamation of emergency may be terminated earlier by the Yang di-Pertuan Agong after consultation with the Sarawak Governor,” he said.
The chief minister said with the dissolution of the State Assembly, the state is now under a caretaker government.
Abang Johari also said he will ask Speaker Datuk Amar Asfia Awang Nasar to officially inform the Election Commission on the dissolution of the State Assembly.
