BN reps to boycott Sabah state assembly special sitting today?

KOTA KINABALU: Datuk Hajiji Mohd Noor and Datuk Dr Jeffrey Kitingan claimed in a joint statement yesterday that the State Assembly special sitting today, June 11, is “illegal” and Barisan Nasional assemblymen will boycott it.

The two assemblymen who were sworn in as deputy chief ministers in the Sabah cabinet under Tan Sri Musa Aman said the sitting is a contemptuous attempt to derail the originating summons initiated by Musa to determine the validity of the swearing-in of the Chief Minister of Sabah.

“The Notice calling for the Special Sitting is in contravention of Order No. 6 of the Standing Orders of the Legislative Assembly which requires twenty- one clear days of notice to be given before the day of the Sitting unless in cases of emergency where the TYT Yang Dipertua Negeri may dispense with the necessity for such notice.

“Even then, the longest possible notice to be given is mandatory. In the present Notice, there was only six clear days and there is no event of any emergency,” they contended.

“Under Article 21(4) of the Sabah State Constitution, the Legislative Assembly is only required to be summoned to meet not later than 120 days from the date of dissolution of the Assembly.

“The Assembly was dissolved on April 7, 2018 and the 120 days required for the Assembly to meet must not fall beyond August 6, 2018.

“Even if the TYT Yang DiPertua Negeri is required to dispense with such 21 days’ notice, the TYT shall be required to act on the advice of the Chief Minister and his Cabinet in accordance with Articles 10(1) and 10(1A) of the Sabah Constitution. Tan Sri Musa, as the lawfully installed Chief Minister, and his State Cabinet have given no such advice.

“If TYT Yang DiPertua Negeri has taken and acted on the advice of the present CM, Datuk Seri Shafie Apdal, the TYT may be acting upon the advice of an ‘unlawful’ Chief Minister as it is claimed that Tan Sri Musa Aman is reportedly the validly appointed and lawfully sworn-in Chief Minister.

“It is claimed therefore that as the Special Sitting may be considered an unlawful Sitting, all laws, motions and business passed and adopted would be unlawful and null and void and of no effect.

“As we claim it to be an unlawful Special Sitting, we, the elected assemblypersons under Barisan Nasional and Parti Solidariti Tanah Airku, have all agreed to uphold the Rule of Law and the Sabah Constitution and will not attend or participate in the Assembly Sitting,” they said.

A constitutional crisis appeared to have been triggered on May 12 with the swearing-in of Shafie Apdal as the Chief Minister.

Hajiji and Jeffrey asserted that with the “unlawful” assembly sitting, the constitutional crisis has now spread from the government to the assembly.