KOTA KINABALU: The Sabah legislative assembly will not face automatic dissolution if it reconvenes after the Emergency is lifted on Aug 1, says state Speaker Datuk Kadzim Yahya.
Dismissing claims that the assembly could be dissolved for failing to meet for six months, Kadzim said the six-month period lapsed during the Emergency could not be counted as a period that could force the automatic dissolution of the assembly.
He said the current assembly would not be affected for not sitting for six months, as stated under Section 15(1)(a) of Emergency Ordinance (Essential Powers) 2021, that allows for exceptions to any proroguing or dissolution of a state assembly.
Kadzim was responding to a statement by Upko president Datuk Wilfred Madius Tangau that the state government must reconvene the Sabah assembly before the end of the Emergency on Aug 1, claiming that there was a risk that the current assembly would be automatically dissolved.
Madius pointed out that the Sabah assembly was adjourned on Dec 23, 2020, and it had already passed the six-month interval between one legislative session and another on June 23 this year.
He argued that if the session was held after the Emergency was lifted, it could be considered as automatically dissolved if anyone decides to challenge its legality in court.
Kadzim said there was no doubt that under Section 21(1) of the Sabah Constitution, the assembly is required to sit at least once in six months.
“The Emergency Ordinance allows for immunity. I urge the public not to get confused by the issues brought up over the validity of the current term of the state assembly, ” he added.
He said the Sabah assembly was ready to meet anytime and was awaiting a directive from the state government.