Local symbols will determine fate of candidates in Sabah polls

Listen to soft instrumental music for 15 to 20 mins before bed to calm the emotions and have a restful night . . .

No court will go against a head of state who ignores the Perak case law.

At the same time, no court will go against a head of state who cites the Perak case law when a gov’t is deemed to have fallen.

The head of state in Sabah cannot fall back on the Perak case law, after an election, to appoint the CM.

He has to base his decision on the SPR List in line with the Definition of majority in the Sabah Constitution.

The political parties on the gov’t side are likely to contest the snap election under one symbol to make a bid for the CM’s post.

The lessons from 10 May 2018 are clear to them.

If the Opposition parties are going to share seats, to take on the outgoing gov’t one to one, they would have to enter the fray under one symbol, a local one.

Otherwise, they can kiss the CM’s post goodbye.

Snap Sabah election results will end up in court if CM is not appointed in line with the Constitution.

Perak case law irrelevant in the appointment of CM immediately after snap election, it must be based on SPR List.

It doesn’t matter who forms the gov’t.

What matters is a strong Opposition in the state assembly i.e. no two thirds majority for the ruling party.

The head of state should remain above the fray.

Hopefully, at least two independents would make it to the state assembly. They must remain united, neutral and independent in the legislature.

Orang Asal would be weak in Opposition, even weaker in gov’t.

They should remain united, neutral and independent in the legislature unless they can initiate, form and lead the state gov’t, whether in Sabah or Sarawak.

Orang Asal should keep God in mind to resolve their plight in Malaysia.

Orang Asal need God in their lives to get rid of Malaya from Sabah and Sarawak.

W will win the 12 state seats created after 1994.

This is hardcore.

I am not sure about the 13 state seats added recently to the 60 state seats. I believe half these seats are Orang Asal and will be taken by PBS.

The 20 Muslim seats in 1994 is up for grabs.

The Chinese should reject DAP. It lied to the people of Sabah and Sarawak before GE14.

DAP promised 50 per cent revenue, 20 per cent oil royalty, and Equal Partnership for Sabah and Sarawak in Malaysia with Malaya as per MA63.

DAP should stick to Malaya and contest, win or lose, all seats there.

It’s no point going to the Istana after the CM has been sworn in. No court will go against a head of state who ignores the Perak case law 2009.

MA should have filed a motion of no confidence with the SDs attached.

You can’t lie in a SD.

The same documents should have been given to the Federal Court.

The snap election result will be 50:50 if no Independents enter the fray. The parties will take on each other one to one.

There will be CTCP frogging after the election.

The political instability will continue as long as the head of state does not remain above the fray.

The Constitution should decide.

PBS, in its genius, crafted the Definition of majority in the Sabah Constitution and tabled the anti-hop law.

Minority gov’t is lawful.

The Definition of majority in the Sabah Constitution is not about simple majority, does not exclude minority gov’t, and does not rule out coalition gov’t AFTER the CM has been sworn in . . . coalition gov’t under the SAME CM.

Some things — read heads of state — are beyond the Constitution, conventions, case law, law and the court when it comes to the head of gov’t.

This is not about the Special Court.

No court will go against heads of state who don’t remain above the fray and/or ignore the Perak case law (read re frogs clutching SDs).

I wrote many times about heads of state. No court will go against them on the appointment of the head of gov’t unless the Constitution has been clearly violated. No one can beat my blog postings on the changing of the guards.

In Sabah, the Governor apparently ignored the Perak case law 2009 and consented on July 30 to the dissolution of the state assembly.

On 12 May 2018, two days after the CM was appointed on 10 May 2018, the Governor appointed a new CM reportedly in line with the Perak case law 2009.

The previous CM’s case is at the Federal Court. He claims he was sacked.

On 1 Mar 2020, Muhyiddin was appointed PM in line with the Perak case law 2009.

After that, four state gov’ts fell in Malaya . . . Johor, Perak, Malacca, Kedah.

Sabah chose snap polls.

July 30, in a way, was a GREAT victory for MA. No doubt he left the backdoor gov’t with no choice but to advise the Governor to consent to the dissolution of the state assembly.

Apparently, the head of state didn’t look at the 33 SDs held by MA.

Following GE14 on 10 May 2018, the Governor reportedly declined to appoint six nominated state assemblymen proposed by MA. Apparently, he also withheld consent for the dissolution of the state assembly.

On 12 May 2018, the Governor appointed a new CM. Musa said he had not resigned.

Perhaps there’s something to be said for the “siapa pandai, dia dapat” theory. Is the jury still out on the theory?

re Sabah the proverbial tail wagging the dog, Mustapha comes to mind.

Mustapha warned that the politics of Sabah will never be stable “unless the gov’t can make all the people rich”.

“Which gov’t in the world can make all the people rich?” asked Mustapha.

The battle of local symbols will determine the fate of candidates in snap Sabah polls.

The new state assembly will have 73 seats. The present state assembly was dissolved on Thurs 30 July 2020.

The following parties are expected to enter the fray within 60 days.

Outgoing gov’t: Warisan + Upko + Dap + PKR

Opposition: BN + Bersatu + Star + PBS + PBRS

Others: Parti Cinta Sabah (PCS)

Again, the Sabah Constitution states the leader of the symbol with the largest number of seats in the state assembly, as per the SPR List, will be appointed Chief Minister.

Under the Sabah Constitution’s Definition of majority, the number of gov’t seats does not mean simple majority, it does not exclude minority gov’t.

There’s nothing to prevent a Chief Minister who does not have simple majority from forming a coalition gov’t after being sworn in.

That’s what Sabah BN Chief Musa Aman did on 10 May 2018 after being appointed Chief Minister.

Sabah BN had 29 seats. It entered into coalition with Star which won two seats.

The coalition had simple majority with 31 seats in the 60-seat state assembly.

The situation in the rest of the Opposition, after Star joined the gov’t, was as follows: Warisan 21 seats, PKR 2 seats, DAP 6 seats. Total: 29 seats. These were under three symbols.

Upko pulled out from the gov’t on 12 May 2018, i.e. two days later, to join the Opposition. Warisan President Shafie Apdal was sworn in as Chief Minister.

The new gov’t appointed five nominated state assemblymen under the Constitution, leaving another seat vacant.

That took the number of seats in the state assembly to 65.

Musa took his ouster to court, claiming that he had not resigned, but was allegedly sacked by the Governor.

On 7 Nov 2018, the High Court did not go against the Governor, and Musa lost.

The Court of Appeal took only five minutes to dismiss Musa’s Appeal as academic.

He applied for leave to appeal in the Federal Court.

The court has yet to decide.

The candidates in the Sabah fray, both the outgoing gov’t side and Opposition, should contest under a common symbol in line with the Definition of majority in the Sabah Constitution.

It’s strategic thinking for Sabah and Sarawak not to be ruled by a party which is in power in Putrajaya.

Sabah and Sarawak have their rights under the Malaysia Constitution and the constitutional documents on Malaysia.

The candidates in the snap elections in Sabah should contest under local symbols.

The only local symbols on the outgoing gov’t side are Upko and Warisan.

In the Opposition, there’s Star, PBS, PBRS, and PCS, all local parties.

If the parties in Sabah are going to take on each other one to one, Independents can enter the fray.

If parties take on each other one to one in Sabah, the result will be 50:50 if no Independents enter the fray.

Deja vu!

Independents should contest all seats but only one in each seat.

Independents are not about winning or losing but getting a hearing on matters of public concern and public interest apparently long promised but allegedly ignored by the parties.

Surely, the parties will be forced to respond to the Independents.

Independents, if elected, can remain united and neutral in the state assembly, perhaps supporting the gov’t on a Bill to Bill basis but subject to agreements on matters of public concern and public interest.

Read further here . . .

https://www.freemalaysiatoday.com/category/nation/2020/07/30/ive-been-betrayed-for-the-second-time-says-musa/

Musa’s convoy blocked from entering Istana. He may not have sought an audience with the Governor before leaving for the Istana.

https://www.freemalaysiatoday.com/category/nation/2020/07/30/musas-convoy-blocked-from-entering-palace/

http://www.dailyexpress.com.my/news/156464/musa-to-ask-tyt-to-withdraw-decision-to-dissolve-assembly/

“Dark horse” next Sabah Chief Minister, fortune favours the brave!

If Jeffrey Kitingan gets act together, Orang Asal parties may contest under one symbol.

https://www.freemalaysiatoday.com/category/nation/2020/08/03/warisan-ph-and-upko-candidates-to-be-finalised-next-week/

PKR and DAP are unlikely to win any seats. The Chinese would not support those who are split. Muslims are not united.

PBS, PBRS and Star would probably win all Orang Asal seats.

The outgoing coalition should have gone to the state assembly instead of dissolving it. Why dissolve the state assembly when it’s not possible to get back the CM’s post?

Orang Asal parties should contest under one symbol to bid for the CM’s post.

Whichever symbol gets the CM’s post would have won at least 36 seats.

If Star, PBS, and PBRS stand under one symbol, as expected, they would get the CM’s post.

Ongkili is reportedly sick, so Jeffrey Kitingan is the leading contender among Orang Asal parties for the CM’s post.

The parties can be expected to take on each other one to one.

Is it one symbol vs one symbol?

I don’t think so.

The symbol with the largest number of seats, not necessarily simple majority, gets the CM’s post. That’s what the Constitution states in the Definition of majority.

No one can go to the Istana as leader of a coalition of symbols and be sworn in as CM on the grounds that he or she has simple majority, UNLESS the leader garnered at least 36 seats under his or her own symbol.

The High Court would not allow any violation of the Constitution.

Warisan Yakin Mampu Menang Banyak Kerusi – Shafie

It’s not possible for W to win 36 seats under its own symbol even if PKR, DAP and Upko don’t use their own symbols.

https://wp.me/p7kKd-1V1

The head of state should remain above the fray to ensure political stability.

The Perak case law is a double-edged sword.

The head of state can either ignore it as on 30 July 2020 or fall back on the case law as on 12 May 2018.

The head of state can do away with the need for an anti-hop law.

The legislature is the proper forum.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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