Caretaker mode: What Sarawak’s government can and can’t do

The Sarawak State Legislative Assembly (DUN) building in Kuching. The DUN was dissolved on October 26, 2026 leaving the state government in a caretaker capacity. — Bernama pic

First Published: Tuesday, 27 Oct 2026 11:22 AM MYT

KUCHING, Oct 27 — With the Sarawak State Legislative Assembly (DUN) officially dissolved on Monday (Oct 26), the state government remains in office in a caretaker capacity. Three legal experts explain the caretaker government’s role, powers and limitations.

Does Sarawak still have a state government after the DUN is dissolved?

The dissolution ends the legislature’s term, but does not automatically remove the state executive.

According to Lawyer Kamek director Simon Siah, Article 6(3) of the Sarawak Constitution provides for executive members to continue holding office, subject to the relevant constitutional requirements.

Ralph Advocates principal Ralph Lee said the Premier and Cabinet would continue to administer the state in a caretaker capacity.

“Under Article 21(4) of the Sarawak Constitution, an election must be held within 60 days of dissolution, while the new DUN must meet within 120 days,” he said.

What is the role of a caretaker government?

Its primary responsibility is to ensure continuity in state administration while avoiding major decisions that could bind the incoming government.

Advocates Association of Sarawak president Gurvir Singh Sandhu said public services, salaries, existing contracts and approved projects would continue.

He added that spending should remain within allocations approved by the DUN, including those under the 2027 Sarawak Budget.

Lee said routine administration and urgent action to protect public safety could proceed, distinguishing these from new initiatives or substantial expansions of existing programmes.

What are the limitations of a caretaker government?

Although its executive powers remain in place, constitutional convention calls for restraint over decisions with significant or long-term consequences.

Siah said the caretaker government should generally avoid major policy changes, defer important appointments and refrain from awarding major contracts or making substantial new financial commitments unless necessary.

Lee said the significance, urgency, reversibility and impact of a decision should be considered to ensure it does not materially bind the next state government.

Is there a specific law governing caretaker governments in Sarawak?

According to the experts, there is no express, comprehensive caretaker-government framework in Sarawak’s Constitution, or a specific written law setting out its powers and limitations.

“Instead, the conduct of a caretaker government is guided by constitutional convention inherited from the Westminster tradition,” said Sandhu.

Adding on, Siah said that conventions were established practices governing how a government should operate, rather than rules directly enforceable by courts.

He said the Premier and Cabinet retained the same executive powers under the Constitution, although convention would call for them to exercise those powers responsibly during the caretaking period.

What happens if a caretaker government breaches these conventions?

A breach of convention alone does not automatically make a government decision unlawful or invalidate it.

“Decisions could still be challenged through judicial review if there were separate legal grounds, such as acting beyond legal powers or for an improper purpose,” said Sandhu.

Lee said the caretaker government must also comply with applicable laws governing public expenditure, procurement and elections.

The experts stressed that restraint was important in protecting public confidence in the electoral process. — The Borneo Post

* Editor’s note: DUN stands for Dewan Undangan Negeri, which is Malay for State Legislative Assembly.