Let’s not have a repeat of the Sabah debacle

 A system that enables a politician to sit in the legislature without the mandate of the people leaves the door open to abuse.

The decision by Johor to enlarge its state assembly with the appointment of five additional members brings to mind how the system can be — and has been — abused.

It was 1985, and the Sabah election — held over two days, on April 20 and 21 — had just concluded.

Incumbent chief minister Harris Salleh, then president of Berjaya, had led Barisan Nasional (BN) into the election with the aplomb of a candidate who had already won.

Harris could not help but be exceedingly self-assured. Up against the might of BN was Parti Bersatu Sabah (PBS), an unknown party formed just 47 days before the election by Berjaya dissident Joseph Pairin Kitingan.

Pairin had left Berjaya over disagreements with Harris the year before.

Among others, PBS fought the election on a platform of Sabah autonomy and resisting federal interference. The party won 25 of the 48 seats up for grabs, giving it a simple majority, and paving the way for Pairin to be appointed chief minister.

However, Harris coerced the then Sabah governor to ignore Pairin and appoint Usno president Mustapha Harun instead, to keep BN in power. Harris could no longer present himself as candidate for chief minister given that he was also booted out by the voters in Tenom.

His logic was simple. BN had won 23 seats — 16 for Usno and seven for Berjaya. With the additional six appointed assemblymen, BN would have 29 seats, against PBS’s 25, enabling it to retain power.

Mustapha was sworn in as chief minister at 4am on April 22, only to have then acting prime minister Musa Hitam declare hours later that BN would not recognise his appointment.

Pairin officially took office as chief minister at 8pm that day.

Appointments to the legislature is not an uncommon practice. For instance, in neighbouring Singapore, there are nominated MPs apart from those elected in general elections.

In India, the president has the power to appoint members to both houses of parliament.

As Johor MB Onn Hafiz Ghazi pointed out, the practice could strengthen the state legislative assembly and broaden the scope of policy formulation.

In many other countries, the practice paves the way for the appointment of professionals with specific expertise in areas such as economy, education and technology. It can also give minority groups a voice in the legislature.

However, as the Sabah case has shown, it is also open to abuse.

If the appointments are made on the advice of the sitting chief minister or menteri besar, it is difficult to envisage them being objective.

Sabah is a case in point. Almost always, the six appointed assemblymen are also members of the ruling party, with high-ranking positions to boot.

We can safely say that a repeat of the 1985 Sabah fiasco is unlikely today. However, that does not mean it cannot be used to the ruling or winning party’s advantage.

For instance, such appointments can lift a party that has only won a simple majority to a two-thirds majority.

This gives it wide powers to act. New legislation can be easily passed, even amendments to the constitution will easily breeze through.

This does not mean that we should disallow such appointments. Perhaps we can have a bipartisan panel to nominate and assess their suitability.

It is essential that they are not affiliated to any political party or have political aspirations. There must be a requirement that an appointed assemblyman resigns if and when he joins a political party, as is the case in India.

Voting rights for appointed members must also be limited, as is the case in Singapore and India. On the other hand, appointed assemblymen in Sabah have the same voting rights and privileges as their elected peers, which works to the ruling party’s advantage.

If we do not yet have the political maturity to separate politics from the wider interests of the people, we have not earned the right to introduce such a system. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.