Batu Sapi by-poll can’t be avoided, says EC

PETALING JAYA: The Election Commission’s (EC) hands are tied and it has no choice but to call for a by-election in Batu Sapi, Bar Council president Salim Bashir said.

He pointed out that the Federal Constitution is very clear as to when a by-election must be held following the death of a member of parliament.

The polls must proceed though Covid-19 is spreading in Sabah, he told theSun yesterday .

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“The only way to avoid this from happening is for Prime Minister Tan Sri Muhyiddin Yassin to advise the King to declare an emergency for that particular constituency.

“Those who framed our Constitution could not have foreseen the Covid-19 pandemic. They ensured that the constitutional provision would be rigid and to alter it would require a two-thirds majority,” Salim said.

National Human Rights Society (Hakam) secretary-general Lim Wei Jiet concurred with Salim that the EC must hold a by-election for the seat.

He agreed that the only alternative is for the prime minister to advise the King to declare an emergency for that particular constituency.

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Article 150 of the Constitution states that 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 a declaration to that effect.

Lim said the government should not simply declare an emergency although the nation is facing a pandemic, adding this would be a very slippery slope to go down on.

Batu Sapi MP Liew Vui Keong died on Oct 2 and a by-election has to be held within 60 days.

The seat was won by Warisan’s Liew in a four-cornered fight with a 4,619 majority in the 14th general election on May 9, 2018.

The EC had stated on Oct 6 that the by-election would be held in accordance with Article 54 Clause (1) of the Federal Constitution. It will convene a special meeting at 10am on Oct 13 at its headquarters in Putrajaya.

Bar Council’s Constitutional Law Committee co-chairman Andrew Khoo proposed that a Warisan leader be appointed to fill the vacancy instead of holding a by-election.