The Sarawak State Legislative Assembly building stands on the Petra Jaya side of the Sarawak River.
KUCHING (June 6): All members of the Sarawak State Legislative Assembly (DUN) will continue receiving their remunerations as the current term continues to function until Aug 1 due to the Emergency Ordinance.
Sarawak DUN Speaker Datuk Amar Mohd Asfia Awang Nassar said this is guaranteed under Section 7(a) of the Members of Administration and Members of Dewan Undangan Negeri (Remuneration, Pension and Gratuities) Ordinance, 2013.
“The Section provides: ‘commence from the date of the coming into force of this Ordinance, or from the date of appointment or election, whichever is the later, of the Members concerned’.
“And Section 7(b) reads: ‘accrue from day to day and be payable on the last day of each month or on such other day of the month as the State Financial Secretary may, from time to time, determine,” he said in a statement today.
Constitutionally, Mohd Asfia said the remuneration of a Member of Parliament is guaranteed under Article 64 of the Federal Constitution.
Article 64 reads: “Parliament shall by law provide for the remuneration of members of each House.”
“In the case of Yang di-Pertua Dewan Rakyat and others v. Gobind Singh Deo (2014) 6MLJ 812, the Federal Court uphold the decision of the High Court and the Court of Appeal – that the Legislature has no powers to withhold the payment of YBs (elected representatives) salary and remuneration.
“An undertaking whereby a Member is deprived of the remuneration is clearly against public policy as the remuneration of a YB is guaranteed under Article 64 of the Constitution.
“In the case of Daniel Tajem Miri v. Sarawak DUN secretary and Anor (2008) MLJU 147, it is decided that the requirement under Regulation 20 of the Members of the Administration and Members of Dewan Undangan Negeri (Renumerations, Pensions and Gratuities) Ordinance, 2013 must be strictly observed.
“That in order for any revision or re-computation of pension be made, the prior discretion of the Yang di-Pertua Negeri is mandatory and is required,” he said.
At present, Mohd Asfia said Sarawak DUN was made up of 68 members of the Gabungan Parti Sarawak (GPS), Parti Sarawak Bersatu (6), Democratic Action Party (5), Independent (2) and vacant (1).
“Obviously and odiously it is not in the paramount interests of any political party that has no elected representative in the DUN to maintain and sustain the YB’s remuneration and privileges.
“On the contrary, these political parties which have no elected representatives in the DUN would take an immediate and astregation of the remuneration and privileges of the current ADUNs, Ministers and Assistant Ministers.
“In this way the image and reputation of the elected representatives would be lowered in the eyes and estimation of right-thinking voters of the electorate,” he added.