The cabinet of Sarawak (Malay: Kabinet Sarawak) serves as the primary decision-making body within the executive branch of the Government of Sarawak. Its composition mirrors that of the federal level, albeit on a smaller scale. At its core is the Premier, appointed by the Yang di-Pertua Negeri (Governor) based on their ability to secure majority support in the Sarawak State Legislative Assembly. The Cabinet comprises ministers drawn from the legislative body, appointed by the Premier's recommendation.
Much like at the federal level, each Cabinet minister heads a specific ministry. However, due to variations in federal and state jurisdictions, certain portfolios may differ between the two levels of government.
History
Cabinet of Sarawak today is founded at 22.7.1963 the day when Sarawak gain independence from British Empire.
Prior to the Cabinet of Sarawak, it is the Supreme Council, during the reign of Second Rajah of Sarawak, Rajah Charles Anthoni Johnson Brooke, His Majesty has appointed chief of each race and chief of each divisions in Sarawak to the Supreme Council, Rajah is the Head of the Supreme Council with Englishman mainly Rajah relatives, friends and family members serving as secretary and officer within the Supreme Council.
Cabinet appointments
The state constitution mandates a structured process for the appointment of members to the Cabinet. The Governor appoints the Premier, who must be a member of the State Legislative Assembly and is likely to gain the trust of the majority of its members. Subsequently, the Premier advises the Governor on the appointment of other Cabinet members, with the Governor appointing no more than ten and no fewer than four members from among the sitting members of the State Legislative Assembly.[1] The constitution also includes provisions for appointments during the dissolution of the State Legislative Assembly and for Cabinet members who cease to be members of the State Legislative Assembly.
Before assuming the functions of their office, a member of the Cabinet is required to take and subscribe to an oath in the presence of the Governor.
Tenure
The state constitution also defines the tenure of office for members of the Cabinet through several provisions. Firstly, it stipulates that if the Premier, who leads the Cabinet, loses the confidence of a majority of the members of the State Legislative Assembly, they are required to tender the resignation of the entire Cabinet. However, the Premier may alternatively request the Governor to dissolve the State Legislative Assembly, potentially leading to new elections.
Secondly, the constitution allows members of the Cabinet to resign from their positions at any time by submitting a written resignation to the Governor. If a member of the Cabinet, excluding the Premier, has their appointment revoked by the Governor upon the advice of the Premier, they are also required to vacate their office.
Thirdly, except for the Premier, who is contingent upon the confidence of the State Legislative Assembly, members of the Cabinet serve at the pleasure of the Governor. This means that their tenure in office is at the discretion of the Governor, and they may continue to hold office unless they voluntarily resign or have their appointment revoked.
Deputy ministers
The constitution also provides for the appointment of Deputy Ministers by the Governor upon the advice of the Premier from among the members of the State Legislative Assembly. Deputy Ministers do not hold Cabinet membership. There are specific provisions for appointments during the dissolution of the State Legislative Assembly and for the continuation of office in case of ceasing membership in the Assembly. The primary role of Deputy Ministers is to assist the Premier and Ministers in their duties, with powers equivalent to Ministers. Certain provisions applicable to Cabinet members also extend to Deputy Ministers for consistency in governance.
This post was known as Assistant Minister before an amendment to the constitution regarding the matter was successfully passed on 15 February 2022, renaming the post to "Deputy Minister".[2] The constitutional amendment was gazetted and came into effect on 1 March 2022.
Responsibilities and restrictions of cabinet members
The state constitution delineates the assignment of responsibilities to members of the Cabinet and imposes restrictions on their engagement in trade, business, or profession. Firstly, the Governor, upon the advice of the Premier, holds the authority to allocate specific governmental tasks to Cabinet members, encompassing the management of state affairs and the administration of government departments. Under this provision, any Cabinet member entrusted with such responsibilities is designated with the title of "Minister".
In addition to the assignment of duties, the Constitution imposes limitations on the commercial activities of Cabinet members. Specifically, members of the Cabinet are prohibited from participating in any trade, business, or profession that is directly connected with the subject or department of government for which they are responsible. Furthermore, they are barred from involvement in Cabinet decisions pertaining to their trade, business, or profession, or decisions that could potentially impact their financial interests in these pursuits, for as long as they continue to engage in them.
Governor to act on advice
Article 10 of the Constitution outlines the governance structure regarding the role and powers of the Governor in relation to the Cabinet and the exercise of their functions. It delineates specific scenarios where the Governor is mandated to act on advice from the Premier or a member of the Cabinet, and those where they retain discretionary powers.
In accordance with the constitutional framework, the Governor is primarily required to act on the advice of the Premier or a member of the Cabinet in the execution of their functions.
However, the provision also acknowledges instances where the Governor exercises discretion. Notably, the Governor retains the authority to independently appoint a Premier and to withhold consent for the dissolution of the State Legislative Assembly.
Furthermore, the State Legislative Assembly is granted the authority to enact laws that regulate the Governor's exercise of functions, including provisions for consultation or recommendations from entities other than the Cabinet.
