‘Swear in or lose your seat, Musa’

KOTA KINABALU: Former chief minister Tan Sri Musa Aman will have to take his oath as Sungai Sibuga assemblyman or lose his seat, said Chief Minister Datuk Seri Mohd Shafie Apdal.

The law and the Constitution is clear, he said, that state assemblymen must take their oaths within a specified time frame.

He said Home Minister Tan Sri Muhyiddin Yassin, who is still recovering from a serious illness, would return to Parliament to be sworn in as MP.

“He told me when I visited him that he was going to go back to get himself sworn in as Member of Parliament. I told him he should rest but he told me the law requires him to take his oath. Muhyiddin is observing the law. There is no immunity for anyone under the law,” Shafie said at the end of the first day of the two-day Sabah State Assembly sitting yesterday.

.The Parti Warisan Sabah president was asked to comment on Musa’s request for extended time, citing medical reasons, to be sworn in as a state assemblyman.

State Assembly Speaker Syed Abas Syed Ali, when asked, would only say that a decision would be announced in the next few days.

Musa, who is Sabah’s longest serving chief minister – 15 years, left Malaysia for England on May 17. He claims to be suffering from “grave medical conditions” and could not make the long trip back from UK to be sworn in.

At Monday’s third assembly session after the May 9 elections, Syed Abas made no announcement on Musa’s request.

The House could declare his seat vacant based on Article 18(2) C of the state constitution if he fails to turn up by today. The article states that a vacancy could be declared if an assemblyman fails to turn up for three consecutive sittings. The constitution also provides for the seat to be declared vacant if a newly elected assemblyman fails to take his oath within three-months of the first sitting under Article 22 (2).

If this article is applied, Musa will have to take his oath by Sept 11.

If the contention by some officials is that the June 11 oath taking ceremony was an emergency session and the July 1 sitting should be considered the first session is accepted, Musa will have until Oct 1 to take his oath.

Sources said the Speaker has to inform the House on the date by which Musa has to take his oath to clear various legal arguments over the matter.- Star