Aug 11 deadline for Musa to resurface

KOTA KINABALU: Former Sabah chief minister Tan Sri Musa Aman ( pic) has until Sept 11 to turn up at the Sabah legislative assembly or face the possibility of losing his Sungai Sibuga state seat, say legal sources.

They said Musa, who remains at large and is wanted by police for a criminal intimidation probe, has to take his seat within three months from the first sitting of the assembly on June 11 after the May 9 general election.

Article 22 (2) of the Sabah Constitution states that: “If a member has not taken his seat within three months from the date on which the Legislative Assembly first sits after his election or appointment, or within such further period as the Assembly may allow, his seat shall become vacant.”

A lawyer, who declined to be named, said based on Article 22 (2), it was clear that Musa would need to come in by the next sitting scheduled for the middle of August.

“If he fails, then the assembly can make a decision to declare the seat vacant,” he said.

On the claim by Sabah opposition leader Datuk

Dr Jeffrey Kitingan that Musa would lose the seat only after he fails to turn up for the third sitting, the lawyer explained that the three sitting ruling was for the assemblymen who had already taken their oaths, but were absent for three consecutive sittings.

“This Article could also be invoked if Musa fails to attend three consecutive meetings, although it is more relevant to deal with the absence of assemblymen who had been sworn in,” said the lawyer.

Musa, who was chief minister for 15 years, is widely perceived to be holding back his return to the state and has yet to be sworn in as assemblyman after he won the Sungai Sibuga seat for the sixth term.

He was initially sworn in as chief minister by the Yang diPertua Negeri on May 10, but lost his majority in less than 48 hours with Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal being sworn in on May 12.

Musa, who has not been seen since leaving Malaysia on May 17, is being sought by police over allegations of criminal intimidation against the Governor during the May 10 swearingin ceremony and also by graft investigators over allegations of buying over assemblymen.

In a statement last month, Musa, 67, who claims to be the rightful chief minister, said he had taken legal action to challenge Shafie’s appointment.

Musa said he was in Britain for medical treatment and to attend to personal matters.

He has not indicated when he will return to Sabah.