Head of State’s decision non-justiciable — AG
KOTA KINABALU: Yesterday was proof that democracy still existed in Sabah, said State A orneyGeneral Brenndon Keith Soh.
He said this to reporters following the High Court’s dismissal of a leave for judicial review by Tan Sri Musa Aman and the 32 assemblymen aligned with him, questioning the decision of the Sabah Head of State in dissolving the State Assembly on July 30.
“The court found that the decision of the TYT was nonjusticiable and that both the first and second respondents (Tuan Yang Terutama Tun Juhar Mahiruddin and caretaker Chief Minister Datuk Seri Panglima Mohd Shafie Apdal, respectively), had acted within their constitutional powers and the constitutional limits. Therefore, there is nothing to suggest that there was a breach in the constitution of Sabah. Hence, the decision to grant a dissolution, the proclamation that was issued and signed, is not justiciable by the court,” said Brenndon.
There should now be no uncertainty as to whether a state election should continue or not, he further said, as there had not been any application for a stay and the court had dismissed the judicial review.
“These are ma ers of high policy, in which discretion is given to the TYT to decide as to whether or not to grant the dissolution and it was done properly, in accordance with the law. The dissolution is therefore valid and constitutional,” he said.
Brenndon added that the democratic process for the state election to continue would now be in place and the Election Commission (EC) would have a duty to ensure that the election would be called within 60 days from the date of the dissolution.
He said although there was freedom of speech and the right to criticise constructively and have opinions, it would be baseless and without merit if it bordered on being threatening and abusive.
“The court’s decision should be respected by all parties. At the end of the day, it is not about the lawyers or the parties in this case – it is about upholding the constitution of Sabah,” he said.