Jambun: Musa Aman move in Federal court to thwart Shafie Apdal being ‘declared’ CM

MA didn’t really explain why he withdrew the case.

MA already won with the Sept 1 Majority judgment in the Federal court.

He was just waiting for the FC to rule on the Constitutional questions.

This is not over yet.

How will the next CM be appointed?

There will be another court case after GE15.

The Constitutional questions must be settled.


Appointment of Sabah CM: Was it constitutional?


Jambun: Musa Aman move in Federal court to thwart Shafie Apdal being declared CM

Human rights advocate and Borneo rights activist disappointed that three years in wait wasted

REACTION . . . Human rights advocate and Borneo rights activist Daniel John Jambun, in a bombshell reaction, has argued that Sabah strongman Musa Aman probably dropped his case in the Federal court to prevent Shafie Apdal from being seen as the rightful Chief Minister following the snap state election on Sept 26 last year.

In short, he stressed, Shafie as CM would be the net effect of the Federal court upholding the sanctity of the Sabah Constitution. “Also, by withdrawing the court case, the present state gov’t would not be financially burdened by the Shafie gov’t of 12 May 2018 being declared unconstitutional.”

“At stake was any number of commercial contracts reportedly being taken to court against the Shafie gov’t.”

Shafie, under Parti Warisan, took 29 seats or the largest number under one symbol in the state assembly on Sept 26. Allies PKR and Upko took two and one respectively under their symbol, and there were three Independents. Another 38 seats were taken by allies under three symbols: Perikatan Nasional (PN) 17, Barisan Nasional (BN) 14, and Parti Bersatu Sabah (PBS) 7.

Three years of waiting has been wasted, lamented Jambun who heads the UK-based Borneo’s Plight in Malaysia Foundation (BiPiMaFo), an ad hoc human rights NGO working across the Divide. “Now, we don’t know what will become of Musa’s Constitutional questions on Sabah in the Federal court.”

The preliminary Majority Judgment by the Federal court on Sept 1 last year touched on the Perak case law as being not applicable to Sabah, as the Governor being no sultan having no “residual powers”, and thereby implied that Shafie as Chief Minister on 12 May 2018 was unconstitutional.

“Musa may have belatedly realised why Shafie did not dispute the Sept 26 appointment in court,” chuckled Jambun. “Shafie was simply waiting for Musa’s arguments, since 12 May 2018, to gobble him up in court.”

“The fiery Suluk-Bajau Ubian politician would have had the last laugh. Truly, he who laughs last, laughs the longest and hardest.”

Jambun, tongue in cheek, doesn’t even rule out Shafie literally dying of laughter if the Federal court had ruled on Musa’s case.

The NGO Chief recalled that Musa had consistently maintained the public position that the case in court was not about him or the CM’s post. “He accepted that he would not return as CM through the court,” stressed Jambun.

Also, he added, Musa claimed the case was not about his purported long-running political enemity with arch rival Shafie, virtually derided as PTI (pendatang tanpa izin or illegal immigrant) in the run-up to GE14 and in the aftermath.

Musa solemnly swore, pointed out the BoPiMaFo Chief, that the case was all about “upholding the sanctity of the Sabah Constitution.

Briefly, he noted, the Definition of majority in the Sabah Constitution was not the simple Dictionary meaning where 51 for example was the majority out of 100. “The PBS gov’t (1985 to 1994), in its genius, provided for a situation where no symbol would get simple majority in the state assembly.”

In short, it provides for a minority Chief Minister to be sworn in, in the event that no leader of a political symbol in the election reached simple majority.

The Federal court, on Sept 1, listed the Constitutional questions to be determined and added: “The questions of law raised by Tan Sri Musa are of grave constitutional importance and have far reaching implications not only for the State of Sabah but for the whole country and ought to be resolved once and for all by this Court, being the apex court, to provide certainty and cannot be left hanging.”

The people of Sabah have an inalienable right to know whether the removal of Tan Sri Musa as the validly appointed Chief Minister was done validly, lawfully and in accordance with the Constitution of Sabah, the highest law in the land below the wind, said the court. “As it is, there is no closure yet on the issue of whether Tan Sri Musa had been lawfully removed from office.”

Daniel John Jambun


Borneo’s Plight in Malaysia Foundation (BoPiMaFo)

Kota Kinabalu

Further details: +60108786993 (Daniel John Jambun)

Sat 26 Mar 2021

Read further here . . .




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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