KUALA LUMPUR: An Emergency proclamation can be declared throughout Melaka to postpone state elections should there be concerns over COVID-19 infections in the state or the country.
Constitutional expert Prof Datuk Dr Shamrahayu Ab Aziz said although the Melaka state elections would need to be held 60 days after the state legislative assembly was dissolved in accordance with Article 19 (4) of the Melaka state constitution, the Yang di-Pertuan Agong still has the authority to declare an Emergency throughout the entire state.
Article 19 (4) of the Melaka state constitution states that an election must be held within a period of 60 days from the dissolution of the state assembly.
"....It is the same as what was done in Sarawak, several locations such as Batu Sapi, Bugaya (both in Sabah) and Grik, Perak and the jurisdiction lies under the authority of the Yang di-Pertuan Agong under Article 150 of the Federal Constitution," she told Bernama today.
On July 31, Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah declared an Emergency Proclamation for the whole of Sarawak effective Aug 2 till Feb 2, 2022, thereby postponing the state elections from being held during the period.
The Election Commission was officially informed yesterday of the dissolution of the 14th Melaka state legislative assembly on Oct 4 from Melaka state legislative assembly Speaker Datuk Seri Ab Rauf Yusoh.
Ab Rauf announced in a special media conference yesterday that the Melaka state assembly was dissolved on Oct 4 upon consent by Yang Dipertua Negeri Tun Mohd Ali Rustam and that the Proclamation of the Dissolution of the 14th State Assembly was gazetted on Tuesday.
This followed the move by four assemblymen - Datuk Seri Idris Haron (BN-Sungai Udang), Datuk Nor Azman Hassan (BN-Pantai Kundor), Datuk Norhizam Hassan Baktee (Bebas-Pengkalan Batu) dan Datuk Noor Effandi Ahmad (Bersatu-Telok Mas) - declaring that they have lost confidence in Melaka Chief Minister Datuk Sulaiman Md Ali's leadership, hence causing the state government led by Barisan Nasional (BN) to collapse.
Shamrahayu, who is also Incumbent of the Malay Rulers Chair at Universiti Teknologi Mara (UiTM), said there were no conditions in the state constitution stating that the Melaka Yang Dipertua Negeri had to hold any discussions with any other party regarding the dissolution of the state assembly aside from the Chief Minister's request.
"So to me, if there is a request from a chief minister who has lost the confidence of the majority, then based on Article 8 (2) of the Melaka Constitution that states that the Yang Dipertua Negeri can act on his own discretion to either appoint a chief minister, to consent or not consent to the dissolution of the assembly if a request is made.
"So the question of whether or not the Yang Dipertua Negeri needs to discuss with any party is moot. If there is a discussion, if will be left to the Yang Dipertua Negeri. So the approach taken at the Federal level previously is different from the approach taken by the Melaka Yang Dipertua Negeri," she added.
Regarding the Emergency (Essential Powers) Ordinance 2021 that was gazetted to control the spread of COVID-19, including the increased compounds compared to the RM1,000 stated in Act 342 and might still be unresolved, Shamrahayu said the ordinance could still be used in general.
"When we refer to Section 15 of the Emergency Ordinance relating to dissolution, state legislative assembly meetings or summons, it is stated that the dissolution of the state assembly requires the consent of the Yang di-Pertuan Agong when the dissolution occurs during a period of Emergency.
"But because the Emergency has ended, although the Emergency Ordinance is still in effect, Section 15 can only be applicable in a period of emergency. As the Emergency ended on Aug 1, assembly sittings and dissolutions can occur," she said.
Section 15(1)(a) of the ordinance states that throughout the period the Emergency is in effect, matters pertaining to summoning, proroguing and dissolving a state assembly in the Eighth Schedule of the Federal Constitution, any state constitution or state enactment would not be applicable.
Section 15(1)(b) states that the state legislative assembly must be summoned, prorogued and dissolved at a date as deemed fit by the Yang di-Pertuan Agong after meeting with the state's Sultan or Yang Dipertua Negeri.
Section 15(2) meanwhile states that any state legislative assembly sitting that was summoned before the beginning of the ordinance's effective date but has not been held yet was cancelled.
Another legal expert, Assoc Prof Dr Muhammad Fathi Yusof from Universiti Teknologi Malaysia (UTM), agreed with Shamrahayu, saying the Yang di-Pertuan Agong had the authority to declare an emergency if he was satisfied that there was a credible threat to the safety, economic wellbeing and public order of the country.
"In this matter, the factor being brought up is the COVID-19 pandemic. If the Yang di-Pertuan Agong wishes to use his authority, the risk of COVID-19 being spread due to the state elections need to be proven honestly, transparently and truthfully.
"The parties that will be involved in this process would naturally be the Health Ministry, the National Security Council (MKN), the Election Commission and the police. The aspects that need to be evaluated include the infection rate in Melaka, campaign and voting standard operating procedures (SOP), the estimated intensity of campaigning and the capabilities of the enforcement machinery," he said.
Universiti Islam Antarabangsa Malaysia (UIAM) legal and constitutional expert Assoc Prof Dr Khairil Azmin Mokhtar concurred with Shamrahayu and Muhammad Fathi's assessment, pointing out that the Yang di-Pertuan Agong could declare an Emergency throughout Melaka based on the prime minister's advice if a state election is not deemed suitable at this point in time.
-- BERNAMA
Bernama
Wed Oct 06 2021
An Emergency proclamation can be declared throughout Melaka to postpone state elections should there be concerns over COVID-19 infections in the state or the country, said constitutional expert Prof Datuk Dr Shamrahayu Ab Aziz. - BERNAMA file photo
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.