STAR to resurrect controversial provision

The practice of 'nominating' representatives to the Sabah State Legislative Assembly was discontinued when Umno-led Barisan Nasional took over in 1994.

KOTA KINABALU: The Sabah Chapter of the State Reform Party (STAR) will appoint six nominated members to the State Legislative Assembly if the party led by Jeffrey Kitingan secures enough seats to topple the Barisan Nasional (BN) government in the coming general election.

This nominated members will be in addition to the 60 elected state lawmakers. Nomination of unelected members to the assembly is provided for in the state constitution but was dispensed with when Umno-BN came into power.

“We (a Star government) need professional and credible non-governmental organisation personalities in the assembly, “ STAR deputy chairman Daniel John Jambun told FMT in Kota Kinabalu yesterday.

He said the nominated members will not necessarily be linked to any political party as their function would be to act as a check and balance to the government for the betterment of the people.

Article 14(c) of the Sabah constitution empowers the Head of State to appoint up to six more members to the 60-seat State Legislative Assembly and they would be known as `Nominated Members’.

Nominated members have the same powers as their elected counterpart and they are also eligible to be appointed as ministers and assistant ministers.

The constitution provides that any Sabahan aged 21 years and above and who is resident in the state is qualified to be elected as an elected member or a nominated member of the State Legislative Assembly.

Umno-BN discontinued practice

The Sabah Alliance, Parti Bersatu Rakyat Sabah (Berjaya) and Parti Bersatu Sabah (PBS) all had nominated assemblymen/women in their governments.

Those nominated were usually from the party that won the election.

The practice was discontinued when Umno-led Barisan Nasional took over, by default, the state government from PBS in 1994.

There were times when the legality of the provision was questioned by politicians, including members of the state assembly, all claiming that the law was null and void.

However the provision is still intact in the state constitution.

During the previous government, political parties that won the election by razor blade margins, always made use of the provision to boost their numbers in the assembly.

The appointment of nominated assembly representatives has been a magnet for controversy.

During the PBS government the swearing-in of a nominated assemblyman as a Deputy Chief Minister hit a snag when an elected representative protested the Cabinet-level posting.

The Barisan Nasional coalition has also eyed the provision to help reward component party members who do not contest in an election.

Sabah MIC wants seat

Last month, the Sabah branch of the Malaysian Indian Congress called on the state government to to give the party representation via a nominated seat in the assembly or a Senator post at federal government level.

“It is about time that Sabah MIC be given greater recognition for its role in the Barisan Nasional,” said Sabah MIC Youth chief Taren Sunil Manoharan, adding that other BN component parties are also seeking more representation.

Singling out the spirit of the Sabah state constitution when it was first drafted, he reiterated that the nominated assembly seats were created mainly for minority groups residing in Sabah, to give them a chance to have a say in the state assembly.

He also said it is a fact that Indians had previously been appointed as nominated assemblymen.