In response to press Statement by Speaker of DUN. Speaker did not give a clear clarification of Article 21(3) Sarawak Constitution in his press Statement. Under Article 21(3) life of DUN was for five years and expires today 6 June 2021.
Emergence Ordinance was gazetted in January 2021. King's decreed no dissolution of DUN during emergency.This should be taken as no dissolution of DUN during period of life of DUN from the time the Emergency Ordinance been gazetted until the expiry of the life of DUN which expires during its current term on 6 June 2021.
The King didn't decree life of DUN to be extended until end of emergency in Aug 2021.
Therefore all YB term of office contractually, also expires on 6 June 2021 and should not receive any YB salaries and allowances after 6 June 2021.
If the King had extended the life of DUN, then, it may, perhaps, be correct to say DUN could not be dissolved.
Assistant ministers are not by Art.7A Sarawak Constitution members of the Cabinet (Majlis Mesyuarat Kerajaan Negri)Therefore assistant ministers are not entitled to their assistant ministers' salaries and allowances.
Formation of Malaysia was based on the understanding of equal partnership, equal status and equal opportunities for Sarawak as a partner of the Federation and with this spirit in mind, the Federal Constitution should not be used to supercede Sarawak Constitution.
There had been no sitting in DUN to adopt and to allow the current Emergency Ordinance be extended to Sarawak.
During Ningkan’s time, I doubt this point of law been argued to say emergency laws could be extended to Sarawak in view of MA63. I doubt it was argued whether it was necessary for DUN to pass a motion to allow emergency be extended to Sarawak.
Under Article 21(4) Sarawak polls have to be held within 60 days from the date of the dissolution of DUN.
The public is to protect democracy and democracy is for the people and democracy is not for the government. If we allow democracy for the government, this will lead to dictatorship.
Dictatorship could give legitimate right to any citizen to challenge the government by legal means.
Voon Lee Shan
Parti Bumi Kenyalang
6 June 2021