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
