Chong holding a copy of the letter.
KUCHING: State Legislative Assembly (DUN) opposition leader Chong Chieng Jen has requested Chief Minister Datuk Amar Abang Johari Tun Openg to make representation for the requisition of an emergency DUN sitting within the next two weeks.
Chong, who is Kota Sentosa assemblyman, said the High Court’s decision is a crisis for DUN Sarawak in that, for the first time in history, a resolution passed by the DUN Sarawak on a Ministerial Motion was declared unconstitutional, unlawful, null and void by the Court of Law.
“It is unprecedented and the biggest irony that a law-making body is found to have itself acted unlawfully. The Ministerial Motion and the DUN’s resolution have now brought disrepute and shame to the institution of DUN Sarawak.
“A special sitting of the DUN must be held to allow all the members to fully and solely deliberate this matter,” Chong said in a press conference at DUN Sarawak here today.
He said the DUN Sarawak has no authority to appeal without a resolution passed in the DUN authorising it to appeal.
“It is a fundamental principle of our democracy that DUN, being the legislature, is a separate entity from the Executive. As such, the State Cabinet (Executive) is in no position yo decide or act for DUN (Legislature).”
Chong said given that Abang Johari had announced that the state government shall file the appeal when the state government is not even a party to the proceedings, the only reasonable conclusion is that the latter’s announcement was made on behalf of DUN.
“Without a resolution passed in DUN Sarawak, any appeal to be filed in the name of the DUN Sarawak may thus be an unauthorised and unlawful act. It is embarrassing enough to have the Ministerial Motion and the DUN’s resolution made on May 12 declared unlawful. It will be doubly embarrassing if the appeal were declared to be unauthorised and unlawful, making DUN Sarawak a habitual law-breaker.”
According to Chong, Asfia had filed the appeal against the decision of the High Court, naming DUN Sarawak as one of the respondents, thus implicitly making DUN Sarawak its opponent in the appeal.
“DUN Sarawak is an institution and is headed by the Speaker. It is ridiculous that the Speaker is now acting against DUN Sarawak by naming the latter a respondent in his appeal.
“When the Speaker of the House take a legal action (the appeal) against the House itself, definitely the House is in crisis.”
Therefore, Chong opined that it is time for DUN Sarawak to deliberate whether Asfia is “a fit and proper person to continue to be the Speaker of DUN Sarawak”.
The press conference was held after Chong delivered a copy of the letter requesting for requisition of emergency DUN sitting to DUN speaker Datuk Amar Mohd Asfia Awang Nassar.
Prior to that, Chong delivered the letter which was addressed to Abang Johari at the Chief Minister’s office.