STATE Legislative Assembly (DUN) Speaker Datuk Amar Mohd Asfia Awang Nassar dismissed two motions by David Wong Kee Woan (DAP-Pelawan) in the DUN sitting on Tuesday (Nov 10).
The first motion by Wong called upon Chief Minister Datuk Patinggi Abang Johari Tun Openg not to call for a state election within six months from the date of the motion being passed by the House.
“This motion is misconceived. The dissolution of the DUN is the sole prerogative of Tuan Yang Terutama Yang di-Pertua Negeri Sarawak pursuant to Article 21(2) of the State Constitution of Sarawak,” said Asfia.
He said Article 21(2) reads: “The Yang di-Pertua Negeri may prorogue or dissolve the Dewan Undangan Negeri.”
He said this motion was unconstitutional as it violated Article 21(2) of the State Constitution, depriving the Yang di-Pertua Negeri of his constitutional right as to when to dissolve the DUN.
“This motion cannot be allowed to proceed because to do so would usurp the constitutional power of the Head of State bestowed under Article 21(2) of the State Constitution of Sarawak.”
Wong’s second motion called upon the state government to request for the Election Commission of Malaysia to allow Sarawakians living outside Sarawak to vote – either via the setting-up of polling stations in Kuala Lumpur, Johor, Penang, and Sabah or allowing them to vote through postal ballots.
Asfia said Wong’s motion would require an amendment to Regulation 27A of the Election (Conduct of Elections) Regulations 1981.
“Unless and until this pertinent regulation is amended in Parliament, the motion cannot proceed in this august House.
“Under Regulation 27A of the Elections (Conduct of Elections) Regulations 1981, only persons who are required to vote as advance voter can vote outside Sarawak.”
As per Regulation 27A, he cited that any person who had registered as a Parliamentary or State elector under the Elections (Registration of Electors) Regulations 2002 and was one of the following shall vote as an advance voter at an election in accordance with the procedure of voting as provided in these Regulations.
(a) A person referred to in paragraph (a) in the definition of ‘absent voter’ in Regulation 2 of the Elections (Registration of Electors) Regulations 2002;
(b) A person referred to in paragraph (b) in the definition of ‘absent voter’ in Regulation 2 of the Elections (Registration of Electors) Regulations 2002;
(c) A member of any police force established by any written law in force in Malaysia, other than a member of the Police Volunteer Reserve Force; or
(d) The spouse of a serving member of the General Operation Force.
“‘Advance voter’ is defined under Regulation 2 of the Election (Conduct of Elections) Regulations 1981 as ‘any person who is required to vote in advance’ under Regulation 27A.”
Asfia said that under Part II – Postal Voters, Elections (Postal Voting) Regulations 2003, persons entitled to vote as postal voters were stated in Regulation 3.
He said that under interpretation, Regulation 2 of Postal Voters, Elections (Postal Voting) Regulations 2003, ‘postal ballot paper’ meant a ballot paper issued to a postal voter and ‘postal voter’ meant any person entitled to vote under Regulation 3.
“The subject matter in the motion transgresses Standing Order 23(6) and 9th Schedule of the Federal List I – 6(a) of the Federal Constitution where election is within the purview of the federal authority.”
He said Standing Order 23(6) states: “No motion relating to a matter contained in the Federal Legislative List shall be in order.”
