KUCHING: There is no need to call off elections and to declare an emergency in order to contain the spread of the Covid-19 cases, said experts.
Academy of Sciences Malaysia fellow Datuk Dr Madeline Berma pointed out the declaration of an emergency was not a suitable option to combat Covid19.
She said the federal government should look at other options.
“In my opinion, governments can proceed with state elections without declaring an emergency.
“One of ways is to postpone state elections until the Covid-19 pandemic curve has flattened,” she told New Sarawak Tribune when asked to comment on Prime Minister Tan Sri Muhyiddin’s suggestion to call off elections by declaring a state of emergency due to the spike in positive Covid-19 cases in the country.
Madeline pointed out that the EC should review the voting mechanisms if elections were held.
“I suggest the EC develops a wide variety of voting options including providing alternatives to in-person voting such as mail voting.
“To avoid gatherings, stagger the voting periods by extending the time or days for voting.
“Another way is to increase the number of polling stations. Early voting and extending voting hours on election day can stop voters from congregating at polling locations,” she added.
Lawyer Shankar Ram Asnani also agreed that there was no need for a state of emergency.
He said he believed that the Sarawak government had the capability to handle and manage the rising Covid-19 cases in the state.
“Due to the recent spike in Covid-19 cases in Sabah and West Malaysia, it will be wise for the state government not to allow West Malaysians and Sabahans to enter Sarawak.
“There are many considerations here and we protect and assert our own interest and rights.
“After all, the state election is our internal affair,” he added.
Shankar explained that the declaration of a state of emergency under Article 150 of the Federal Constitution must be under certain situations.
“Under the Article 150(1) of the Federal Constitution, if the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the federation or any part thereof is threatened, he may issue a proclamation of emergency, making therein a declaration to that effect.
“You may see that there are three broad categories here with the condition that there must be a situation of ‘grave emergency’ whereby the security or economic life or public order in the federation or any part thereof is threatened.
“What could come with an “emergency”, assuming there is one issued under Article 150, is the accompanying broad powers under Articles 150 (2B), (2C) subject to Article 150 (5) and (6), to make laws if the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action.
“His Majesty also may make laws or promulgate such ordinances as circumstances appear to him to require to do so and an ordinance promulgated shall have the same force and effect as an Act of Parliament until it is revoked.
“And it is for this reason that the declaration of emergency must be done with a great care since it effectively would give the ruling government through the Agong almost absolute power,” said Shankar.
“Further under Article 150(4) of the Constitution, while a Proclamation of Emergency is in force, the executive authority of the federation shall, notwithstanding anything in this constitution, extend to any matter within the legislative authority of a state and to the giving of directions to the government of a state or to any officer or authority thereof.
“And this means that the state government may be subjugated or subjected to any laws and/or direction passed by the executive authority of the federation,” he added.
To ensure elections could be done in a safe environment, Shankar stressed everyone must abide to the SOPs set by the EC.
“Of late, New Zealand and Singapore have held their general elections. All went well for these countries. Proper measures and SOPs were adopted.
“As long as the SOPs are strictly observed by everyone, there should be no inhibition for Sarawak to hold its election,” he added.
A committee member of the Advocates Association of Sarawak Kuching branch, Dayangku Sa’adiah Datuk Seri Pengiran Hipni also disagreed with the declaration of emergency.
She also said an election should not be called off.
She added the state government should, instead, consider more stringent measures to ensure strict compliance with the SOPs.
“The current situation in Sarawak is still under control and I believe the situation will improve with stringent measures. Those in Peninsula, Sabah and Labuah must not be allowed to come into the state,” said Sa’adiah.
She also pointed out that there was enough time to pass new laws to ensure the election was done in a safe and conducive environment.
“There are still nine more months to go, enough time to make regulations and educate voters if there are new laws.
“I suggest politicians find safe and more effective methods to campaign and avoid public gatherings,” she added.
On Saturday, in a national address telecast live, the Prime Minister Tan Sri Muhyiddin Yassin sought to convince the public of the need for an emergency, saying that the upcoming Sarawak state election and the Batu Sapi by-election would still have to take place unless emergency was declared.
The prime minister said there should be no elections because of the concern of Election Commission (EC) staff, who would face greater risk of exposure to Covid-19 while serving during the polls.
The announcement by Muhyiddin came after his proposal to the Yang di-Pertuan Agong to call state of emergency in order to curb the pandemic was rejected on Oct 25.
Under the Federal Constitution, an election must be held within 60 days of the Batu Sapi seat being declared vacant by the EC or the dissolution of the Sarawak State Legislative Assembly.
