KUCHING, Aug 22 — Batu Lintang state assemblyman See Chee How does not have to vacate his seat to enable a by-election to be held, following a letter of undertaking to the Speaker’s Office after resigning from Parti Sarawak Bersatu (PSB).

Sarawak Speaker Tan Sri Asfia Awang Nasar explained today that Article 17(7)(a) of the State Constitution does not apply to See in this case.

"Article 17(7)(a) of the State Constitution states that any person who has voluntarily given his undertaking to the Speaker in writing that he will not resign his membership from the political party for which he stood for or to which he belonged when he is elected to the State Assembly, shall, if he resigns from the political party after being elected, be disqualified to be a member of the State Assembly,” he said.

However, he said the plain language of this Article means that for the undertaking to be effective, it must be given before an elected person resigned from the party under which he stood for election.

"In this case, I did not or never received any undertaking in writing from See,” he said, adding that the purported letter said to have been signed by him was delivered by PSB president Datuk Seri Wong Soon Koh to the Speaker’s office on August 15, which was three days after receiving See’s resignation letter from PSB with immediate effect.

"See, in his letter, said he will serve his constituents in Batu Lintang as an independent member of the state assembly,” he said.

He said what See mentioned in his letter casts serious doubts that he had voluntarily undertaken in writing that he would vacate his seat in the state assembly if he should resign from PSB.

"In any event, he resigned from PSB before the purported letter of undertaking was sent to my office,” he said.

He said the letter of undertaking, dated December 3, 2021, was kept by PSB for eight months and 12 days and was specifically addressed to the Speaker.

He said the letter of undertaking should be sent to his office before the state election on December 18, 2021, or before See submitted his resignation to the Speaker, not after.

"It is like closing the stable door after the horse has bolted,” he added.