TYT has discretion in appointing CM, dissolving State Assembly

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Brenndon Keith Soh

KOTA KINABALU: The recent media reports of potential party switching for the purposes of creating a new “majority” warrant clarification on the legal process by which a Chief Minister is appointed by the Yang Di-Pertua Negeri.

Brenndon Keith Soh, the former president of the Sabah Law Society, said the starting point is the Sabah State Constitution which provides for the appointment of the Chief Minister of Sabah as well as the resignation of the CM where he has ceased to command the confidence of a majority of the members of the Legislative Assembly.

For completeness, Article 6 (3) of the State Constitution states:-

“The Yang di-Pertua Negeri shall appoint as Chief Minister a member of the Legislative Assembly who in his judgment is likely to command the confidence of a majority of the numbers of the Assembly and shall appoint the other members mentioned in Clause (2) in accordance with the advice of the Chief Minister from among the members of the Assembly;…”

and Article 7 (1) of the State Constitution states:-

“If the Chief Minister ceases to command the confidence of a majority of the members of the Legislative Assembly, then, unless at his request the Yang di-Pertua Negeri dissolves the Assembly, the Chief Minister shall tender the resignation of the members of the Cabinet.”

From the above, Soh said it is clear that the Head of State for Sabah has the discretion to appoint the CM who is likely to command the confidence of the majority number of State Assemblymen. Based on the current interpretation and practice of this constitutional power, the Head of State may decide who has the confidence of the majority by external evidence such a statutory declarations and/or interviews with the State Assemblymen. Thereafter, the passing of the State Budget would reaffirm and demonstrate such confidence in the State Government.

If at any time thereafter, it is proved to the satisfaction of the Head of State that the CM has ceased to command the confidence of the majority, the CM instead of resigning has the option of requesting for the dissolution of the Assembly which would pave the way for a fresh State election. However, the request need not be granted by the Head of State as it is his sole discretion to decide whether to permit the dissolution of the Assembly in this manner.

Unlike at Federal level where the majority of the Perikatan Nasional Government is reported to be slim, here in the State of Sabah the numbers in the Sabah State Government coalition are described as substantial, with 47 seats out of 65 in the State Assembly.

In light of the above, he said the various reports of a potential “crossing the floor¡Åby elected assemblymen to another party is neither constructive nor beneficial to the community unless and until it is actually demonstrated within the legal framework that the CM has ceased to command the majority.

It is the constitutional process outlined above that is to be respected as determining the government of the day. In the meantime, efforts would be better placed to focus on alleviating the negative economic impact that the Covid-19 pandemic has had in the State and the nation, he said in a statement yesterday.