KOTA KINABALU – Sabah Governor Tun Juhar Mahiruddin is now seeking legal opinion to decide the new chief minister.
Among those he is believed to have spoken to are state Attorney-General Brendon Soh and former chief justice Tan Sri Richard Malanjum.
Article 6(7) of the Sabah constitution states that the individual who commands majority support in the state assembly becomes the chief minister.
Sabah Law Society president Roger Chin said the governor can seek the counsel of the state attorney-general or whoever he chooses, but added that his legal counsel is the state attorney-general.
“The state A-G will advise on the law, and the governor will then appoint the person who, in his judgment, is likely to command the confidence of the majority of assemblymen as the chief minister,” he told The Vibes today.
He said interviews and statutory declarations are among the instruments that can assist the governor in making a decision.
Juhar has asked for some time to decide on Sabah’s next chief minister.
Gabungan Rakyat Sabah (GRS) leaders, namely state Barisan Nasional chairman Datuk Seri Bung Moktar Radin, state Bersatu chief Datuk Seri Hajiji Mohd Noor, Sabah Star president Datuk Jeffrey Kitingan and Parti Bersatu Sabah secretary-general Datuk Jahid Jahim, were granted an audience with Juhar at 2.30pm today.
Umno secretary-general Datuk Ahmad Maslan said the reason for them meeting Juhar was to propose names for the chief minister’s post.
Sources said two names have been floated: Hajiji and Bung Moktar.
“There is no time frame for the Sabah governor to decide on who should be the chief minister,” said Chin, referencing Article 6 of the state charter.
“As far as I am aware, no laws are breached if the governor takes his time deciding.”
Political pundits, however, believe that the situation presents an opportunity for horse-trading.
“It is already happening right now,” said a source, citing the move by three independent assemblymen to back GRS component Perikatan Nasional.
The three are Sugut’s Datuk James Ratib, Masiung Banah (Kuamut) and Ruddy Awah (Pitas).
Their support gives GRS a comfortable lead over Warisan Plus at 41 state seats to 32.
What is happening in Sabah’s political scene is not new, said Chin.
“In many democratic countries such as the UK, the same things are happening. Political coalitions are the norm, and the person who garners majority support will become the prime minister or chief minister.
“This is due to a single party (as opposed to a coalition) not being able to command an absolute majority, and it looks as if this trend will continue, as such is the nature of politics in Sabah, as well as Malaysia.”
In Sabah’s 2018 constitutional crisis, where former chief minister Tan Sri Musa Aman challenged the legitimacy of Datuk Seri Mohd Shafie Apdal’s control of the state assembly, the high court had ruled that majority meant “absolute majority”.
“This is only a high court action, and does not bind another high court that may decide otherwise,” said Chin.
“As far as I know, the case hinges only on Article 6(7) of the Sabah constitution. That would answer the many questions circulating on social media.” – The Vibes, September 27, 2020
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