THE Election Commission (EC) is set to determine the position of the Lamag State Legislative Assembly (DUN) seat following the death of Datuk Seri Bung Moktar Radin who won the seat in the State Election (PRN) on November 29.
Former Petagas State Assemblyman (ADUN) Datuk James Ligunjang said this was because Bung Moktar had not yet been sworn in as a valid ADUN before the Sabah DUN Speaker.
"In this situation, the Speaker does not have the power to declare the seat vacant.
"This means that it is within the jurisdiction of the EC and it is the EC that will determine the position of the Lamag seat, whether to hold a by-election or otherwise," he said as reported by Sinar Harian.
Speaking about Bung Moktar's position as the Kinabatangan Member of Parliament, James said the current Madani government's term will end in 2027.
The next General Election (GE) must be held on or before 20 November 2027.
James said that if the period is less than two years, then according to the existing legal provisions, a parliamentary by-election does not need to be held.
However, in this case, he said, it is the Speaker of the Dewan Rakyat who determines the position of the Kinabatangan seat.
In the recent Sabah PRN, Bung Moktar, who is also the Chairman of the Barisan Nasional (BN) Sabah, defended the Lamag DUN seat with a majority of 153 votes in a six-cornered race.
Bung Moktar died at the age of 66, less than a week after being elected as Lamag assemblyman for a second term. – December 5, 2025
