Lawyer: Malacca snap polls should proceed, no need for emergency
No declaration of emergency should be issued to defer the forthcoming snap Malacca state election, only strict SOPs, lawyer Haniff Khatri Abdulla said.
“With regard to the dissolution of Malacca State Legislative Assembly, yes. Based on the Federal Constitution, Malacca has to have the election within 60 days.
“The only way to negate the need to have the election is by a declaration of emergency by the Yang di-Pertuan Agong.
“But on this occasion, I personally and professionally would be of the opinion that emergency should not be proclaimed just to avoid the election in Malacca.
“I believe the Election Commission (EC) can conduct the Malacca polls, with certain strict protocols and compliance with the necessary SOPS for election,” Haniff (above) said when contacted.
He was responding to yesterday’s announcement on the decision to hold a snap election in Malacca after the State Assembly was dissolved.
At a press conference, Speaker Ab Rauf Yusoh said the decision to dissolve the State Assembly was made Monday (Oct 4), and the dissolution was gazetted yesterday.
This comes after Malacca had been thrown into turmoil when four state lawmakers led by Sungai Udang assemblyperson Idris Haron withdrew support from the BN-PN government.
The other three are Nor Azman Hassan (Umno-Pantai Kundor), Noor Effandi Ahmad (Bersatu-Telok Mas) and Norhizam Hassan Baktee (Independent-Pengkalan Batu).
Haniff said that multiple solutions could be implemented to curb the spread of Covid-19, including having online ceramah sessions via Streamyard or Zoom instead, as opposed to conducting them in-person.
He added that the same could be done when nominating assemblypersons.
“Everything should be able to be conducted by way of the tech we have, and more importantly, with strict compliance of SOPs,” he said.
Haniff also stressed that party leaders should not be permitted to cross interstate borders for the election.
“After all, it is Malacca polls, not a general election.
“Politicians must realise that they are not above the law and of the national problems we are (facing),” he said.
Abuse of democracy
Haniff said that without the polls, another leader from the same ruling party may become the next chief minister, leading to the abuse of democracy.
“We cannot keep on having these non-honourable members of the State Assembly and the whole country to keep on dictating the terms of who they want to lead.
“In Malacca, the members of the State Assembly from the ruling party themselves are bringing the government down.
“And what we will have if there is no election? Another leader from the same party may have to become the chief minister.
“That is abusing the democratic system that we have,” he said.
Haniff urged the rakyat to exercise their rights to identify “culprits who should not be given power” by not voting them in again.
“This is a signal to the country of the future in the next general election,” he added.
The Malacca State Assembly has 28 seats. The BN-led Malacca government was represented by 17 assemblypersons, comprising 14 from Umno, two from Bersatu and one BN-friendly Independent, while the opposition has 11 seats - seven from DAP, and two each from PKR and Amanah.
Prime Minister Ismail Sabri Yaakob previously assured that in the event of a snap election, strict Covid-19 SOPs would be put in place.
This is to avoid a repeat of the Covid-19 resurgence following last year's Sabah state election.
As of Monday, 88.2 percent of Malacca's adult population have been fully vaccinated. - Mkini
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