If Governor picks Shafie Apdal as Chief Minister, no court will go against him

https://www.merriam-webster.com/dictionary/deem

Though “deem” is still frequently used in law contexts, today it means “judge” only in a broader sense of “to decide (something specified) regarding,” as in “the act was…

[01/10, 12:19 a.m.] Clarence Sinsua:

SDs showing who command a majority and supporting a person to qualify as CM is written proof nothing more and nothing less. The SDs are the backbone of the contention on which the TYT had relied upon.


[01/10, 12:25 a.m.] JF:

You can post this in the video above.

UPDATE: Go to the COMMENT section for the LATEST on law . . .

https://dashboard.spr.gov.my/#!/home

In fact, many people are against the parti parti Malaya being in Sabah. W won by default.

Jeffrey Kitingan should emulate Mahathir 13 seats and advise the Opposition that Star 6 seats will only participate in a Sabah coalition gov’t if he gets the CM’s post.

I can’t understand why the Opposition parties in Sabah didn’t contest under ONE symbol after agreeing to share seats. I warned them about the Sabah Constitution. Sekarang, sudah kena, baru tahu.

Shafie makes no mention of conceding defeat, says Warisan has most seats

The Governor cannot swear in a CM from the Opposition parties until SA concedes.

Conventions are about the working of the Constitution. In fact, conventions are even more important than the Constitution.

However, no court will hear Applications on conventions since it’s not law.

Shafie’s reference to the party with the most seats appeared to be an allusion to the constitutional practice of the head of the largest party being chosen to head the government.

Earlier in the night, Barisan Nasional chairman Ahmad Zahid Hamidi had said that under the constitution, the governor would appoint the individual from the party that won the most seats to lead the state.

The official results announced by Election Commission chairman Abdul Ghani Salleh were that Warisan Plus won 29 seats, while its partners Upko and PKR won one seat and two seats respectively.

https://www.freemalaysiatoday.com/category/nation/2020/09/27/for-shafie-its-not-yet-game-over/

Article 6(7) For the purpose of Clause (3) of this Article, where a political party has won a majority of the elected seats of the Legislative Assembly in a general election, the leader of such political party, who is a member of the Legislative Assembly, shall be the member of the Legislative Assembly who is likely to command the confidence of the majority of the members of the Assembly.

https://www.merriam-webster.com/dictionary/majority

3: the group or political party having the greater number of votes (as in a legislature).

Sabah Constitution is based on one symbol having more seats than other symbols to get the CM’s post.

Only symbols registered with SPR can field candidates. That includes independents.

If a party is not registered with the RoS, it can’t register the symbol with SPR.

Confidence is demonstrated by the passage of gov’t Bills.

The letter of the law is not the sum total of rule of law. The greater emphasis is on the spirit of the law in rule of law. It’s not law at all, not rule of law, if the focus is only on the letter of the law. The letter of the law, without the spirit of the law, is rule BY law i.e. dictatorship, no democracy.

Law ultimately is the power of language.

The Governor will invite the CM-designate based on the list from SPR and after consulting the state AG.

I am only interested in the CM’s post and one independent winning.

W has the most seats to get the CM’s post. No need to have 37 seats.

PN has 17 seats. W has more than that i.e. 29.

SPR mentioned only the following parties:

W 29

PN 17

BN 14

PBS 7

Bebas 3

PKR 2

Upko 1

The Governor should refer to the Sabah Constitution after getting the official results from the SPR. The state AG can advise him on the appointment of the CM.

If the Governor appoints SA as CM, no court will go against the head of state.

If the Governor appoints another lawmaker as CM, the matter will end up in court.

If in court, it must be resolved immediately.

The Opposition never presented a Chief Minister-designate to the people during the run-up to the snap Sabah election.

Alternately, the Governor can allow SA to continue as CM until the state AG gets a point of law ruling from the Federal court.

Just follow the SPR List.

Never mind about what the amoi judge from Sarawak said during the 7/11 ruling on coalition of symbols.

The Definition of majority in the Sabah Constitution is not about simple majority, does not rule out minority gov’t. It’s about one symbol.

Coalition of symbols gov’t can come AFTER the CM is appointed, NOT BEFORE.

CM can advise the Governor to consent to the appointment of six nominated state assemblymen. I am willing to be one.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/25/leader-of-symbol-with-largest-number-of-seats-becomes-sabah-cm-or-court-case-beckons/

If turnout is less than 50 per cent in snap Sabah elections, questions will be raised over legitimacy of exercise.

https://www.malaysiakini.com/news/544243

As of 9.50am, however only Jeffrey, Tambunan state assemblyperson, and Star’s newly elected state assemblypersons were seen at a foyer next to the meeting room.

There is yet to be any sign of BN-Umno or PBS leaders who are also vying for the chief ministership post.

[27/09, 4:52 a.m.] Daniel J:

Joe I beg to differ. In 2018 BN got 29 seat and Musa got sworn in with 29 seat.

Though 4 UPKO left the BN coalition BN still have the numbers 25 and Warisan 21 why did TYT sack Musa and appoint Shafie simply because he has the backing of 33 SD.

Why can’t the TYT appoint a CM from PN/BN with 38 SD?

[27/09, 4:53 a.m.] JF:

If Governor picks W President SA to be CM, no court will go against him.

If Governor appoints another lawmaker as CM, the matter will end up in court.

[27/09, 4:55 a.m.] Daniel J:

But there’s already a precedence TYT appointed Shafie though he only got 21 seats.

[27/09, 4:55 a.m.] Daniel J:

Musa got 25 seats.

[27/09, 4:56 a.m.] JF:

The matter is in court.

[27/09, 4:56 a.m.] Daniel J:

TYT cannot now say I want to remain above the fray.

[27/09, 4:57 a.m.] Daniel J:

Or the TYT says I have to follow the Sabah Constitution.

[27/09, 4:59 a.m.] Daniel J:

Why didn’t the TYT follow the Sabah Constitution in 2018? But follow the Perak case law. There should be no double standard.

[27/09, 4:59 a.m.] JF:

He won’t say. He will just remain above the fray.

SA was appointed on 12 May 2018 based on RM citing Perak case law.

Federal court has already said Perak case law is not applicable to Sabah. Perak has sultan with residual powers. Sabah Governor has no residual powers.

[27/09, 5:00 a.m.] Daniel J:

The Federal court has not made its official decision yet.

[27/09, 5:00 a.m.] JF:

It has already said when granting leave for Appeal.

[27/09, 5:02 a.m.] JF:

The Federal court has also said Governor cannot refuse to appoint the six nominated assemblymen proposed by MA.

[27/09, 5:02 a.m.] JF:

I am only interested in the law, not this or that person.

[27/09, 5:02 a.m.] Daniel J:

That be the case why did BN/PN/PBS use their own symbol. Even UPKO and PKR use their own symbol?

[27/09, 5:04 a.m.] JF:

I already warned before the snap Sabah elections on symbols. Only W got DAP to contest under its symbol.

[27/09, 5:05 a.m.] DE Daniel J:

It only shows Perak case law can still be applied.

[27/09, 5:06 a.m.] JF:

No. Perak case law was after the gov’t fell.

[27/09, 5:07 a.m.] Daniel J:

Shafie was appointed in 2018 based on Perak case law.

[27/09, 5:08 a.m.] JF:

That was after the gov’t was perceived to have fallen.

[27/09, 5:08 a.m.].Daniel J:

Agree but why was Musa sacked with 25 seat while Shafie only got 21 seats?

[27/09, 5:08 a.m.] JF:

The Federal court will settle that.

[27/09, 5:09 a.m.] Daniel J:

Hmmm

[27/09, 5:09 a.m.] JF:

Wrong advice by RM.

[27/09, 5:11 a.m.].Daniel J:

If the Federal court says Shafie’s appointment is null and void all ministers salaries will have to be returned and all agreements made by Warisan’s government should also he rendered null and void right?

[27/09, 5:12 a.m.] JF:

The Federal court will not go there. That’s not an issue in court.

[27/09, 5:14 a.m.] JF:

The Federal court will rule that MA did not cease to be CM on 12 May 2018. That’s all. It will not mention SA or the Governor.

It would be a Declaration without remedy.

[27/09, 5:16 a.m.] Daniel J:

Hmmm

[27/09, 5:19 a.m.] JF:

MA’s case should have been settled in two weeks. The delay was fatal.

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.

12 thoughts on “If Governor picks Shafie Apdal as Chief Minister, no court will go against him”

  1. Many lawyers are openly expressing extreme hostility towards YouKnowWho in the social media.

    This is proof that they feel bad, that someone can make them look bad.

    One loyar buruk in the kopi tiam, probably from the School of Kangkungology, showed extreme prejudice in comments posted on lawyer G. K. Ganesan’s video, “Who is qualified to be Sabah Chief Minister”.

    It does not matter that Ganesan is from Malaya.

    He did a brilliant job in breaking down and detailing Article 6(3) and Article 6(7).

    He left no loopholes.

    The head of state didn’t remain above the fray. Instead, he exercised discretion which he didn’t have.

    https://www.merriam-webster.com/dictionary/deem

    Though “deem” is still frequently used in law contexts, today it means “judge” only in a broader sense of “to decide (something specified) regarding,” as in “the act was…

    Liked by 1 person

  2. https://www.freemalaysiatoday.com/category/nation/2020/09/28/allowing-warisan-to-form-govt-would-be-interference-from-governor-says-lawyer/

    https://www.freemalaysiatoday.com/category/bahasa/2020/09/28/benar-warisan-bentuk-kerajaan-adalah-campur-tangan-yang-di-pertua-negeri-kata-peguam/

    https://www.freemalaysiatoday.com/category/bahasa/2020/09/28/warisan-plus-perlu-terima-kekalahan-kata-bekas-peguam-besar-sabah/?utm_source=FCM&utm_medium=Push

    Mariati disputed an argument that has been put forward that the Governor should appoint a chief minister from Warisan Plus based on Article 6(7) of the state constitution.

    She said the Governor would appoint the leader of the party with most seats only if the party had won more than 50% of the seats in the state assembly.

    Warisan won 29 seats on Saturday (six seats through candidates from DAP), PKR 2 and Upko 1 for a total of 32, five seats short of a majority.

    Mariati said the arguments that relied on Article 6(7) were “clearly wrong and misconceived”, she said.

    https://www.freemalaysiatoday.com/category/nation/2020/09/28/accept-your-loss-with-dignity-sarawak-ex-ag-urges-warisan/

    We have to look at the INTENTION of the state assembly on Article 6(7).

    It was designed for a situation where three or more parties won seats in the state assembly and no one had a simple majority.

    I remember reading in the media about the INTENTION of the state assembly on Article 6(7) at the time it was passed.

    The PBS gov’t (1985 to 1994) was responsible for Article 6(7) on Sabah CM.

    The head of state, under the law, looks only at the party at the head of the SPR List.

    He can’t look at a post-election coalition set up to deny the fruits to the party heading the SPR List.

    If he considers a post-election coalition for the CM’s post, that’s being party to an illegality.

    Simple majority can come through coalition gov’t but AFTER the CM is sworn in under Article 6(7) from the party heading the SPR List.

    In any case, minority gov’t is LAWFUL.

    In law, it’s actually about confidence.

    The true test of confidence is the passage of gov’t Bills.

    There’s no provision for confidence or no confidence Motions.

    In fact, it’s also unlawful in democracies to share seats and/or form pre-election coalition.

    Read further here . . .

    https://www.gkg.legal/who-is-qualified-to-be-the-chief-minister-of-sabah/

    This is what I have been arguing about.

    The lawyer left out the INTENTION of the state assembly on Article 6(7).

    Liked by 1 person

  3. I agree… in the seats won by PBS, the people voted for the candidates, not because of GRS itself… if the people wanted PN+BN to take over the govt, they had the choice as all these parties contested in the same seats…

    Like

  4. Hi Joe,
    is it by law that all 3 parties in a coalition can contest in the same constituency? it’s very confusing and non logical.

    Like

      1. Hence is it legitimate that these 3 parties who announced the formation of GRS before the elections be allowed to contest in the same seats? why isn’t it in the rules of ROS a coliation formed before the election should only send 1 candidate? if we were to look at the “coliation” base of view, that is what W+ did… 1 candidate in 1 seat, while GRS 3 candidates in 1 seat… the formation of GRS is purposely set to confuse the people especially in the rural areas of Sabah…

        Like

    1. The problem is, why use law from Perak? Why don’t we use our own law from Sabah? Looks like the tyt/govt can’t even use their own power and stand for others laws… We have our own laws, so use it… Don’t use others laws.. It’s our state and not their state.. Make a wise decicion and selection please tyt/govt.. All answers is on you.. For me, I don’t go for most seats recieved.. Because we already agreed that it’s only be warisan+ and bn+pn+pbs… Not counting by the seats we got.. Why warisan is being selfish? They want to kick Dap, pkr and upko from their list? Unless the leader of Dap, pkr, upko, bn, pn(bersatu), star, and pbs agree to go by seats.. Still can’t go for seats if the others didn’t agree on that.. Think more wisely upper govt… Please.. We will wait on 11:30 am..

      Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: