Disolution review could be heard today

Judicial review regarding the Sabah Legislative Assembly dissolution could be deliberated by the High Court in Kota Kinabalu without delay

KOTA KINABALU: If leave is granted, there is a possibility that the judicial review regarding the Sabah Legislative Assembly dissolution will be deliberated by the High Court here today itself.

The applicants’ counsel Tengku Fuad Ahmad a er the clarification hearing on submissions on Monday (Aug 17) said Judicial Commissioner Leonard David Shim had indicated that the judicial review would be heard straight away if leave is granted, whether the applicants request for a stay of proclamation or not.

Tengku Fuad is the counsel for former Sabah chief minister Tan Sri Musa Aman and 32 other assemblymen, who are applying for the judicial review on the proclamation by the Yang Dipertua Negeri to dissolve the Sabah State Assembly.

He had also indicated that a stay on the proclamation would be requested immediately if leave is granted.

However, what will happen in the event that the leave is not granted? In this scenario, Sabah Law Society president Roger Chin said the applicants could still make an appeal.

“Moreover, the applicants can request for a certificate of urgency when they file for an appeal (if application for judicial review is dismissed).

“The certificate of urgency allows for their appeal to be heard as soon as possible, probably within a week,” he said.

Speaking to Bernama when contacted here, he also said there is no need for the Election Commission ( EC) to hold the state election pending the appeal.

Today, the High Court here is to rule whether the decision of the Sabah Yang Dipertua Negeri Tun Juhar Mahiruddin to dissolve the State Legislative Assembly on July 30 is justiciable.

The applicants have named Tun Juhar as the first respondent, Sabah Chief Minister Datuk Seri Mohd Shafie Apdal as the second respondent, the EC as the third respondent and the Government of Sabah as the fourth respondent.

The EC had also set polling day on Sept 26, while nomination is on Sept 12 and early voting will be held on Sept 22.

The certificate of urgency allows for their appeal to be heard as soon as possible, probably within a week. Roger Chin