JAN 7 — Datuk Seri Mohd Shafie Apdal has laid the blame for the current political impasse in Sabah firmly at the feet of Sabah Chief Minister (CM) Datuk Seri Hajiji Noor. Shafie called the latter "partyless."
Shafie says that there should be strict adherence to the law and Federal Constitution, which states the leader of a political party who commands the majority of the House should hold the chief minister’s post.
“We follow the law. This is the Constitution. Hajiji is not a party leader and has no party. He cannot be elected without a party. For the first time in our history, we are being led by a non-leader of a party,” said Shafie.
Well, Shafie should know better that High Court judge Yew Jen Kie has addressed the issue in the case of Tan Sri Musa Hj Aman v Tun Datuk Seri Panglima Hj Juhar Hj Mahiruddin & Anor and another case (2019).
Shafie was the second defendant in the case. His appointment as the CM was challenged by his predecessor, Tan Sri Musa Aman.
The learned High Court judge, by way of obiter, said that Article 6(7) does not come into play and is not applicable when the Yang Di-Pertua Negeri exercises his discretion under Article 6(3) of the Sabah State Constitution when no single political party has won a majority of the elected seats of the SLA.
The judge’s obiter remark is instructive and persuasive.
It is curious, therefore, that Shafie should repeat the argument in the above case which was decided in his favour, more so when no reference is made to the obiter of the learned High Court judge.
Hajiji may be "partyless", but he appears to remain a state assemblyman who has the confidence of a majority of the members of the SLA under Article 6(3) of the Sabah State Constitution.
Unless proven otherwise.
*This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.
