I REFER to Science, Technology and Innovation Minister Khairy Jamaluddin’s justification to accelerate Covid-19 vaccine supplies to Sarawak by referring to the need to hold a state election within 60 days of the emergency being lifted.
He is reported to have said: “It’s not a political preference; rather, it’s a legal requirement for Sarawak to have its election within 60 days of the emergency being lifted.”
With respect, the laws are not set in stone. In my view, it is open to the prime minister to draft an emergency ordinance specifically to suspend the constitutional requirement to dissolve the Sarawak legislature five years after its first sitting (Article 21(3) of the state constitution) until the pandemic is better controlled. It is also open to specifically suspend the requirement to hold polls within 60 days of the dissolution of the Sarawak assembly (Article 21(4) of the state constitution).
This allows the federal government to allocate vaccines based on science – in other words, to the worst-hit states, such as Selangor and Kelantan, instead of it being based on a narrow legal requirement, which, in my view, can be circumvented.
I am in no way saying Sarawak deserves a slower vaccine roll-out than other states. But in light of the limited vaccine supplies, priority should be given to states that need the jabs most. And, the laws should not stand in the way, especially in such difficult times as these.
To be clear, I am merely calling for the Sarawak election to be suspended, not for the state assembly, as a critical avenue to air the rakyat’s grievances, to be suspended. This means the Sarawak legislature, as with Parliament, should be allowed to convene, and crucial policy debates allowed to take place.
I am also in no way supporting the emergency. But if there is ever a need to use the emergency in a surgical manner for the benefit of the people, the time is now. – The Vibes, May 31, 2021
Lim Wei Jiet is a lawyer and Muda pro tem vice-president
