THE Melalap state seat would automatically be vacated on Sept 3 should incumbent, Datuk Peter Anthony, fail to file a petition for a royal pardon, Sabah State Assembly Speaker Datuk Kadzim Yahya said.
Kadzim has taken note that the Court of Appeal had on August 20 dismissed Peter’s bid to review an earlier ruling.
The Parti Kesejahteraan Demokratik Masyarakat (KDM) president has 14 days until September 2 to seek a pardon under the law, he said.
“If such a petition is not filed within the stipulated time frame, then the seat of the State Assembly for N.42 Melalap shall automatically become vacant on September 3,” Kadzim told reporters.
He added that his office had yet to receive any notice from Anthony’s lawyers on whether he intended to approach the Pardons Board.
Kadzim also clarified there would be no by-election for the seat, given that the state assembly’s current term is due to end on November 11 unless dissolved earlier.
Article 17(1)(e) of the Sabah Constitution disqualifies an elected member if convicted and sentenced to more than a year’s imprisonment or fined not less than RM2,000.
The provision is read together with Article 17(3A), which allows for a petition for pardon within 14 days of conviction.
Anthony was found guilty for forging a letter from Universiti Malaysia Sabah in 2014, when he was managing director of Asli Jati Sdn Bhd on May 2022 by the Sessions Court and he was sentenced three years’ jail and a RM50,000 fine.
The High Court upheld the ruling in April 2023, and the Court of Appeal confirmed it on March 4 this year.
The Court of Appeal on August 20 rejected Peter’s attempt to review the case, describing his application as lacking merit. - August 31, 2025
