Shafie (centre) flanked by Assistant Minister of Finance Kenny Chua (left) and Minister of Education and Innovation Datuk Dr Yusof Yacob, speaking to the press after presenting financial aid to non-Muslim religious bodies and schools at a ceremony, yesterday.
KOTA KINABALU: Datuk Amarjit Singh should be allowed to continue to serve as director of the Sabah State Water Department (SSWD) as the judgement by the High Court here did not clearly stipulate that his appointment is illegal.
Chief Minister Datuk Seri Panglima Mohd Shafie Apdal said the judgement did not state that Amarjit’s appointment was null and void, only stating that the appointment contravened the Sabah Water Supply Enactment 2003.
“We have heard the judgement from the court. It is clearly stipulated under the Enactment that the director of the water department must be appointed from among civil servants.
“Amarjit was appointed on a contract basis. The moment he was appointed, that was tantamount to becoming a civil servant and he should therefore be allowed to serve as director.
“The judgement didn’t clearly stipulate that his appointment was illegal and didn’t say that it was null and void. It only said that the appointment contravened the enactment,” said Shafie.
He went on to say that Amarjit, in his capacity as director of SSWD, does not have the authority to decide on certain things. Only the State cabinet has the jurisdiction and Amarjit only conveys that decision, Shafie explained.
“I don’t think there is any legal kind of things that have been done by the director. We just put it right to ensure that everything is in order. We did ask to ensure that we can put it right,” he added.
The High Court here on Wednesday ruled that the appointment of Amarjit as SSWD director was invalid, as it contravened Section 3 of the Sabah Water Supply Enactment 2003.
The judgement was made by Judge R. Paramaguru, following the case filed by former Chief Minister Datuk Yong Teck Lee, who is also Sabah Progressive Party president.
On March 19, Yong filed the case to obtain a court declaration that Amarjit’s appointment in August last year was not according to the law.
In filing the case, Yong and a Tawau businessman claimed that the appointment went against the Enactment, which states that the appointment to a senior post must be from among members of the public service.
Prior to being appointed SSWD director by the new State government, Amarjit had not served as a civil servant.