PH can’t appoint own senators unless there’s vacancy — Associate professor

KUCHING: Newly-installed Pakatan Harapan ( PH) federal government will only be able to appoint their senators to the Dewan Negara if those appointed by the Agong resign.

Associate Professor of Unimas’ Faculty of Social Science, Dr Ahi Sarok, said the term of office of senators is not affected by the dissolution of Dewan Rakyat or Parliament and therefore there is no vacancy in the Senate unless someone resigns.

A senator’s term of office, he noted, is three years and senators may only be reappointed once, consecutively or non- consecutively.

Ahi pointed out that there are two types of appointments for senators in Malaysia - by the state legislative assemblies ( DUN) and by the king on the advice of the prime minister.

“Each state in Malaysia would elect in their state assembly two persons to the Dewan Negara. This will take the number to 26.

“And because they are elected by the state assemblies, they will surely remain in the senate,” he said.

He said under Article 45, the Dewan Negara also consists of 44 members appointed by the king on the advice of the prime minister.

He added that the 44 included two for the Federal Territory of Kuala Lumpur and one for the Federal Territories of Labuan and Putrajaya respectively.

Ahi could not ascertain the current number of senators in the Dewan Negara, but said if all the slots had been filled and nobody resigned, then PH would not be able to appoint anyone from its coalition.

It is believed that there are four senators from Sarawak – Dr Nuing Jeluing and Zaiedi Suhaili ( elected by the state assembly), Dr Sim Kui Hian ( Sarawak United People’s Party) and Paul Igai ( Progressive Democratic Party), both appointed by the king prior to the dissolution of Parliament.

Dr Sim, however, had resigned in April to contest in Stampin in the 14th general election, but lost to Chong Chieng Jen from DAP.

Ahi concurred with the general opinion that PH should appoint Sarawak Malays to be senators given there is no Malay member of parliament ( MP) from Sarawak in the federal PH government.

All the Malay candidates fielded by Parti Keadilan Rakyat ( PKR) and Parti Amanah in Sarawak lost to Barisan Nasional ( BN) candidates in the recently concluded 14th parliamentary election.

BN won 19 seats, PH won 10 ( PKR – 4, DAP – 6) while independent candidates won two of the 31 parliamentary constituencies in Sarawak.

Aside from Putrajaya, PH also won power in Johor, Melaka, Negeri Sembilan, Selangor, Perak, Penang and Kedah while Parti Warisan and its PH allies secured Sabah in the general election.

Pahang, Perlis and Sarawak are under Barisan Nasional while Kelantan and Terengganu are under PAS.