Malaysia

Sebatik rep’s quit letter unlikely to stand in court: Sabah Law Society

President Roger Chin says legislation allows assemblymen to party-hop without losing their seats

Updated 5 years ago · Published on 03 Mar 2021 9:00AM

Sebatik rep’s quit letter unlikely to stand in court: Sabah Law Society
The Warisan president says the party is mulling legal action against Hassan A. Gani Pg Amir should it fail to compel him to resign as Sebatik assemblyman. – Bernama pic, March 3, 2021

by Jason Santos

KOTA KINABALU – Parti Warisan Sabah’s call for Hassan A. Gani Pg Amir to resign as Sebatik assemblyman after he announced his support for the state ruling coalition may prove futile.

Sabah Law Society president Roger Chin said this is despite a letter signed by Hassan and a video of him pledging to stay in Warisan until the next state election, failing which, he will relinquish his post as rep.

There are laws allowing assemblymen to defect without losing their seats, he told The Vibes.

He said the case of Dewan Undangan Negeri Kelantan v Nordin Salleh in 1992 showed that an elected representative who crosses over to another party cannot be penalised by having his seat forfeited.

The court ruled that doing so goes against Article 10(1)(c) of the federal constitution that guarantees freedom of association, he said.

In 1982, said Chin, the Federal Court, in the case of Sarawak United Peoples’ Party member Datuk Ong Kee Hui against then party president Sinyium Mutit, ruled that the arrangement of submitting an undated resignation letter to the state speaker is contrary to public policy, and therefore, void.

“It follows that a by-election is also not required by law if such a crossover takes place.

“For public policy, the said resignation letter is clearly invalid, as what these cases say.”

Sabah Law Society president Roger Chin cites the case of Dewan Undangan Negeri Kelantan v Nordin Salleh in 1992, which shows that an elected representative who joins another party cannot be penalised by having his seat forfeited. – borneotoday.net pic, March 3, 2021
Sabah Law Society president Roger Chin cites the case of Dewan Undangan Negeri Kelantan v Nordin Salleh in 1992, which shows that an elected representative who joins another party cannot be penalised by having his seat forfeited. – borneotoday.net pic, March 3, 2021

Warisan yesterday handed over Hassan’s resignation letter, which he had signed prior to the state polls last September, to the Sabah speaker’s office. The letter is dated February 26.

Party president Datuk Seri Mohd Shafie Apdal has said Warisan is mulling legal action against Hassan should it fail to compel him to step down as assemblyman.

Hassan has taken to Facebook to say he was forced to sign the letter, and that had he refused to do so, he would not have been named a Warisan candidate in the September 26 vote.

He announced his departure from the party on February 25, and voiced support for state ruling coalition Gabungan Rakyat Sabah, as well as the leadership of Prime Minister Tan Sri Muhyiddin Yassin and Chief Minister Datuk Hajiji Md Noor – both of them Bersatu men. – The Vibes, March 3, 2021

Related News

Opinion / 4d

The Malaysia Agreement 1963: Grievances and expectations in Sabah and Sarawak

Malaysia / 1w

Budget 2027: Sabah, Sarawak to receive RM34.9b in federal allocations next year

Events / 1w

Sarawak and Sabah play key roles in weathering climate change

Malaysia / 2w

Address security concerns and let concert proceed – former Sabah CM

Malaysia / 1mth

A message from our publisher and chairman

Malaysia / 1mth

Sabah leaders condemn priest and nun joke at UMNO PAU

Spotlight

Malaysia

Bersama suspends Nik Nazmi from party activities for three months

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Social media posts ‘emerge’- defending Ismail after Tuanku Muhriz’s public rebuke

World

Trump’s Muhammad joke about Iran presidency falls flat at Georgia rally

Health

Haze can cause life-threatening lung inflammation in cats and dogs, vet warns

World

Australia detects deadly H5N1 bird flu on Macquarie Island, threatening elephant seals

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS

You may be interested

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Elderly man dies after being beaten repeatedly

Malaysia

King honours Malaysian Armed Forces at 93rd anniversary banquet

Malaysia

Court hears RM40m in Khazanah, PNB investments paid into Fashion Valet accounts

Malaysia

Retiree loses RM42,580 to fake ustaz’s RM300k money-doubling scam

Malaysia

Haze: MOH issues strict guidelines to ensure public health

Malaysia

Johor hotspots lead Malaysia’s haze tally as 25 localities record unhealthy air

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS