Article 6(7): Warisan assemblyman says lawyer Fuad wrong
TAWAU: Warisan’s Sri Tanjong assemblyman Justin Wong is appalled by lawyer Tengku Datuk Fuad Tengku Ahmad’s statement that a proposal for a constitutional amendment to Article 7(1) of the Sabah State Constitution will further promote political stability.
“Is Fuad questioning the TYT’s discretion to appoint a Chief Minister?” Justin said when referring to the Head of State’s discretionary lower.
Tengku Fuad, who is legal advisor to Sabah Government, also claimed that Chief Minister Datuk Seri Hajiji Noor did right by repealing Article 6(7) of the State Constitution in May 2023, in response to a proposal by Warisan president Datuk Seri Shafie Apdal to reinstate it.
“Tengku Fuad is wrong. The original provisions of Article 6(7) were aimed to ensure political stability since it will prevent any attempt by a losing party to steal the government as what Usno and Berjaya tried to do to PBS in the 1980s.
“Furthermore, 6(7) will perpetuate democracy since it will ensure that the party winning the most seats forms the government. This is the cornerstone of a parliamentary democracy; that the majority shall rule,” he pointed out in a statement on Thursday.
Article 6(7) serves to clarify the powers of the Head of State on the appointment of a chief minister from among the elected members of the state legislative assembly after a state election.
Its purpose is also to prevent any likelihood of horse-trading that will defeat the purpose of a democratic election.
In the case of Tan Sri Musa Hj Aman v. Tun Datuk Seri Panglima Hj Juhar Hj Mahiruddin, Fuad as legal counsel for Musa had cited Article 6(7) during his submission to argue that Musa was entitled to be sworn in as Chief Minister after the 2018 state elections.
“So how can he now claim it as being irrelevant when in fact he cited the very same clause that has since been repealed?” asked Justin.
Recalling the last amendment of the Sabah Constitution in May 2023, where three major issues were amended at once, Justin added that there was too much at stake when those amendments were made and the limited time that was alloted did not help.
The anti-hop law was then hastily passed together with a new definition of “the Federation” and repeal of Article 6(7) in a single bill.
Warisan had viewed the repeal of Article 6(7) as an attempt to retrospectively legitimise Hajiji’s unconstitutional appointment, rather than a sincere effort to make the constitution more equitable and inclusive.
“If it ain’t broke, why fix it? Article 6(7) had been serving its purpose just fine until it failed to serve Hajiji’s agenda.
“Hajiji’s appointment was clearly in breach of Article 6(7) and illegal.
“If he had any integrity, Hajiji would realise that he has no moral authority to continue serving as Chief Minister. We call on him to resign immediately as he is leading an illegal government.
“GRS was only officially registered as a political party in March 2022. When the State election was held in September 2020, GRS was not legally a ‘political party’ therefore the number of seats “GRS” obtained cannot be counted as if there are real components in it.”
“Let’s not forget how he deserted Bersatu afterward. Having a party-less CM for a while left a bitter taste of democracy regression and betrayal of Sabahans,” he said.
Justin who is Warisan’s Deputy Head of Information, warned Fuad not to meddle with the Article 7(1) of the Sabah Constitution as it was carefully crafted through the InterGovernmental Committee to specifically ensure the facilitation of building a nation with the active participation of the people of Sabah in mind.
“Amending it sets a dangerous precedent in our democracy system on which this assembly was founded.
“We should not tamper with the constitution for the political convenience of the Chief Minister, particularly when the amendment will render him immune to challenges.
“This is a clear sign that the GRS government is not doing a good job of defending the Sabah Constitution. They lack the spirit of MA63. They are afraid of their own shadow and don’t trust established constitutional mechanisms and processes.”
Justin added Warisan will not stay silent no matter how politically inconvenient it is for those in power.
Shafie has vowed to reinstate Article 6(7) in the Sabah Constitution that guides the Governor in choosing a Chief Minister if Warisan came back to power after the next state elections.
He said Article 6(7) was democratically critical in guiding the TYT in selecting a rightful chief minister after an election.