Malaysia

Swearing-in is just a formality, Speaker can declare Lamag DUN seat vacant

Election Commission (EC) Chairman, Datuk Seri Ramlan Harun said that the swearing-in ceremony for State Legislative Assembly Members (ADUN) is only an official event after the end of the election.

Updated 6 months ago · Published on 09 Dec 2025 9:24AM

Swearing-in is just a formality, Speaker can declare Lamag DUN seat vacant
When the Sabah State Constitution is ‘silent’ (no stipulation), the EC will determine the vacancy involved,” he said. – December 9, 2025

CLAIMS that the Sabah State Legislative Assembly (DUN) Speaker does not have the power to declare the Lamag DUN vacant because the late Datuk Seri Bung Moktar Radin has not yet been sworn in is incorrect.

Election Commission (EC) Chairman, Datuk Seri Ramlan Harun said that the swearing-in ceremony for State Legislative Assembly Members (ADUN) is only an official event after the end of the election.

In terms of law, he said, an election candidate is already valid as an ADUN after the returning officer announces his victory and the death of the winner before the swearing-in ceremony means that the DUN is vacant again.

“The reason given that the late Datuk Seri Bung Moktar Radin has not yet been sworn in as an ADUN, so the Speaker has no power is incorrect.

“The oath-taking process is a formality of the DUN administration.

“When the returning officer declares the candidate winner of the election, he is already considered an ADUN. Regulations 25D and 25F of the Conduct of Elections are read together,” he said when contacted by Berita Harian yesterday.

Bung Moktar, 66, who was also the Kinabatangan Member of Parliament, died at a private hospital in Kota Kinabalu, Sabah last Friday.

The passing of the Sabah Barisan Nasional (BN) Chairman came about a week after the 17th Sabah State Election (PRN) which saw Bung Moktar defend the Lamaq seat by obtaining a majority of 153 votes.

Previously, there were reports stating that the EC needed to determine the position of the Lamaq DUN seat as Bung Moktar had not yet been sworn in as an ADUN before the Sabah DUN Speaker.

Commenting further, Ramlan said that the DUN Speaker only needs to inform the EC of the death of an elected representative and the EC will then determine the vacancy involved.

“For parliamentary seats, it is clearly stated that the vacancy is determined by the EC under the Speaker who only informs the EC,” he said.

Ramlan said that the Sabah State Constitution also does not clearly state anything on the death of an ADUN and the EC will determine the vacancy of the Lamag DUN.

“The Sabah State Constitution is silent (no stipulation) in stating who determines the vacancy according to Article 17(3) of the Federal Constitution.

“Returning to general law, the EC is given the responsibility according to the Federal Constitution to conduct parliamentary or state elections.

“So, in this context, when the Sabah State Constitution is ‘silent’ (no stipulation), the EC will determine the vacancy involved,” he said. – December 9, 2025

Related News

Malaysia / 2d

Tsunami alert: Stay calm and obey instructions from the authorities – Hajiji (video)

Malaysia / 5d

Johor election: EC to meet on June 12 to decide important dates

Malaysia / 1w

Speaker submits notice of dissolution of Johor DUN to EC

Malaysia / 1w

Rumours of Johor DUN dissolution rife as MB scheduled to hold press conference this evening

Malaysia / 1w

Sabah embarks on five-year initiative to document multiethnic heritage - Hajiji

Malaysia / 1w

Anwar - Sabah's special grant interim payment increased from RM600m to RM1.5b

Spotlight

Malaysia

Anwar congratulates Modi on becoming India's longest-serving elected PM

Malaysia

Missing jewellery: Rosmah ordered to pay RM67.5 million

People

Malay kampongs in Bangkok: Echoes of southern heritage in Thailand’s capital

Opinion

Johor MB’s exclusionary rhetoric betrays the people, exposes UMNO’s political hypocrisy

Malaysia

Johor and NS polls first major test of post PAS-Bersatu political order

Malaysia

Claimed installation of 12th N. Sembilan ruler invalid - Pengelola Bijaya Diraja

Malaysia

4WD driver who drove backwards on highway nabbed, positive for drugs (video)

By Ian McIntyre

Malaysia

Seven in ten Malaysian workers earn RM5k or less - economist

You may be interested

Malaysia

BN banking on Malay vote strategy that delivered 40-seat Johor win, says analyst

By Alfian Z.M. Tahir

Malaysia

Court allows Daim's daughter to permanently keep passport

Malaysia

Johor, Negeri Sembilan seat talks enter final stage as PH awaits Anwar’s return

Malaysia

Hannah Yeoh defends unity government model, says leadership is about cooperation, not exclusion

Malaysia

AirAsia apologises over seat incident involving girl with cerebral palsy

By Alfian Z.M. Tahir

Malaysia

Eight Myanmar nationals arrested in wildlife raid at durian plantation in Kuala Krai

Malaysia

MACC - MOF deepen alliance to pursue high-profile graft cases and asset recovery

Malaysia

18 vehicles damaged after being hit by drug-positive driver