KUCHING: The Constitution of the State of Sarawak (Amendment) (No.2) Bill, 2022 was passed on the second day of the State Legislative Assembly sitting with 77 members supporting the Bill.
The Bill was tabled by Deputy Minister in the Premier’s Department (Law, MA63, and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali and it was debated by three DUN members.
She stated that the proposed amendments of the Bill consisted of two parts.
“Firstly, it relates to the prohibition of change of an elected member’s political party. This is to prevent ‘party hopping’ among elected members,” she said.
According to her, the effect of the proposed amendments are that a member of legislative assembly (ADUN) shall cease to be a member of that legislative assembly and his/her seat shall be vacant immediately if having been elected to the legislative assembly, as a member of the political party, the member resigns or ceases to be a member of that political party (he resigns from the party willingly).
“The same shall also apply to an independent candidate who, having been elected to the Legislative Assembly as an independent candidate subsequently joins a political party.
“Then, he would cease to be a member of the legislative assembly,” she said.
The Samariang assemblywoman pointed out that the amendment also provides for circumstances where membership of the Legislative Assembly will not be affected.
Hasidah explained that ADUN shall remain a member of the Legislative Assembly upon the dissolution or cancellation of the registration of his political party; his resignation from the membership of his political party upon election as a Speaker; and the expulsion of his membership from his political party.
“This amendment is intended to ensure that the Constitution of the State of Sarawak contains a similar provision or one having substantially the same effect and not inconsistent with an essential provision of the Federal Constitution.
“This is achieved by adding a new Article 16B and by deleting the existing clauses (6) and (7) of Article 17 of the Constitution of the State of Sarawak,” she said.
She stated that the amendment also provides for the insertion of the definition of the term ‘political party’ in Article 44 (under the interpretation section) of the Constitution of the State of Sarawak.
“This is to be in line with the amendment to the Federal Constitution.
“The second part of this proposed amendment is to amend Article 33 of the Constitution of the State of Sarawak.
“This is to enable this august House to pass a resolution or any future resolution, which will allow for the withdrawal of monies from the State Consolidated Fund in a manner provided by or consistent with both State and Federal law,” she added.
