Federal court may ‘cast shadow’ on snap Sabah polls

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

The court can rule that where it says advice, it can be read as request and vice versa. Look at case law.

It’s about extrapolation by logical deduction.

Request is just paperwork. Errors can be corrected.

If the advice was about consenting to the dissolution of the state assembly, the request cannot be a contradiction in terms.

The judge should not have said the CM lost his majority. He has no business going beyond judicial scrutiny on specific matters which do not violate the Doctrine of Separation of Powers.

The majority is a determination for the state assembly to make. That’s the proper forum.

The head of state should remain above the fray so that there’s political stability to ensure the economy, shut down unnecessarily to reduce hospitalisations related to the BULLSHIT pandemic, can make a comeback.

Federal court . . .

Let’s see what happens in the Federal court on Aug 26.

The FC can set aside the CoA ruling on the grounds that there were errors in facts and errors in law.

The court can say that the merits of the case should have been heard, notwithstanding the letter from the state assembly secretary, on the grounds that it could not be considered that MA had automatically resigned when he purportedly lost his majority and a new CM was appointed.

If MA was supposed to resign, and the Governor withheld consent for the dissolution of the state assembly, the matter should have been considered by the state assembly as the proper forum.

The court can rule that there was no appointment of a CM after MA, implying he remained the head of gov’t at all times.

If so, SA was not in a position to advise and request the Governor to consent to the dissolution of the state assembly.

Hence, there was probably no dissolution of the state assembly.

The Governor could not, on his own, dissolve the state assembly.

MA may have to return to the state assembly as CM and take it from there.

Alternatively, the Federal gov’t can declare a state of emergency in Sabah, suspend the state assembly and elections and appoint a civil servant as Director of Operations for six months.

Elections can be held after the six months.

Liew Points Accusing Finger At Musa’s Lawyer

The judge has no business saying such things. It’s a violation of the Doctrine of Separation of Powers.

The judge should have heard the merits of the case before ruling.

https://www.freemalaysiatoday.com/category/nation/2020/06/25/federal-court-to-hear-musas-leave-application-over-sabah-cm-dispute

https://www.malaymail.com/news/malaysia/2020/06/25/musa-seeks-federal-court-hearing-over-sabah-cm-post-leave-decision-on-end-o/1878802

Read further here . . .

https://fernzthegreat.wordpress.com/2020/08/21/sabah-case-moves-to-court-of-appeal/

FernzTheGreat has Summary of High Court case.

https://fernzthegreat.wordpress.com/2020/08/21/video-sabah-case-at-the-high-court/

If I was the judge, I would not say that the Chief Minister lost his majority in the state assembly.

https://fernzthegreat.wordpress.com/2020/08/17/loyar-buruk-in-the-kopi-tiam-and-or-kangkung-loyar-no-business-in-court/

Law, ultimately, is the power of language, as noted by the University of London.

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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