KOTA KINABALU: Legal experts say the passing of Sabah Barisan Nasional chairman Datuk Seri Bung Moktar Radin will trigger by-elections for both Kinabatangan and Lamag, the
New Straits Times reported.
They noted that a by-election is required for Kinabatangan as the parliamentary seat became vacant more than two years before the current parliamentary term ends.
Universiti Teknologi Malaysia law and policy researcher Associate Professor Dr Muhammad Fathi Yusof said Article 54 of the Federal Constitution mandates a by-election whenever a parliamentary seat falls vacant.
He said the parliamentary term is counted from the first sitting on 19 December 2022, meaning the exemption from holding a by-election only applies to vacancies occurring after December 2025.
Fathi added that Lamag must also return to the polls as Bung Moktar, though not yet sworn in, was already legally considered an assemblyman-elect.
Constitutional expert Professor Dr Nik Ahmad Kamal Nik Mahmood said all vacancies must be filled through elections and the oath-taking status does not affect the requirement.
Sources close to Dewan Rakyat Speaker Tan Sri Johari Abdul said he would comment on the vacancy later, adding that the immediate priority is to respect the family’s mourning period.
