Two By Elections Likely

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PETALING JAYA: A week after the Sabah polls, the state is looking at two by-elections following the death of Datuk Seri Bung Moktar Radin. He was both Lamag state assemblyman and Kinabatangan MP. 
While the state assembly by-election is a certainty – the Sabah Umno chief’s death came just eight days after his re-election on Nov 29 – the parliamentary by-election is a close call.
Bung Moktar’s passing came 15 days before the three-year parliamentary tenure ends.
According to former Election Commission (EC) chief and former Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun, the Federal Constitution is very clear about when by-elections must be held.
“If the vacancy occurs within the window period of two years before the end of the term of five years, then the EC has the discretion to decide if a by-election should be held,” he said.
The EC would usually call for a by-election only if the Speaker feels the vacancy will affect the numerical strength of the ruling party or coalition.
“However, if the vacancy occurs in a window period of more than two years before the end of the term, Article 54(1) states that such a vacancy must be filled within 60 days from the date the vacancy was established.”
Bung Moktar’s death came more than two years before the end of term – but by only 15 days. The three-year mark, after which a by-election is not needed, falls on Dec 19 this year.
“In my time as the head of EC, I established a direct line – when the police issue a death certificate, that is when the seat vacancy is established,” said Azhar.
“The Speaker of the Sabah Legislative Assembly would notify the EC of the Lamag vacancy, and the Dewan Rakyat Speaker would notify the EC of the Kinabatangan parliamentary seat vacancy.” 
Political scientist Prof Wong Chin Huat of Sunway University confirmed that under current constitutional rules, the present Parliament (the 15th) was first convened on Dec 19, 2022.
He said that although Bung Moktar had yet to be sworn in as Lamag state assemblyman, the Speaker of the state assembly must still notify the EC of the vacancy. 
“The Sabah Speaker is already in place. He would inform the EC, and the election should be held within 60 days of the EC receiving the notice of vacancy, meaning it must be held by early February,” said Wong. 
Universiti Sains Malaysia’s political science expert Prof Dr Sivamurugan Pandian, however, feels that the EC may actually “skip” the parliamentary by-election because Bung Moktar’s passing happened “just 15 days away from the two-year election window”. 
He also said Lamag was an unusual case that would require interpretation as Bung Moktar had yet to be sworn in as an assemblyman.
“The matter falls under the jurisdiction of the EC, since the oath was not taken and the seat was never formally activated in the state assembly.
“The EC will decide whether a by-election is required, or if the seat is treated as unfilled and handled through another process based on electoral law,” he said.  
Political observer Assoc Prof Dr Mohd Noor Yazid of Universiti Malaysia Sabah also said that since Bung Moktar had yet to be sworn in as Lamag state assemblyman, the EC has to be the one to declare the vacancy.
“If he had been sworn into the Sabah State Legislative Assembly, then the Speaker would notify the EC.”
Bung Moktar was the longest-serving Kinabatangan MP for six terms – from 1999 – and also served as Deputy Chief Minister I of Sabah from 2020 to 2023. - Star

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