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Monday, April 9, 2018

Suits over Sabah’s 13 new seats: April 20 fixed for joint hearing


Yong (third from left) after mention of his case at the Kota Kinabalu High Court.
KOTA KINABALU: Lawsuits by Sabah’s opposition against the government pertaining to the 13 new state constituencies will be heard jointly on April 20, with the ruling to be made three days later.
SAPP president Yong Teck Lee and six members of his opposition coalition are seeking a court order to compel Prime Minister Najib Razak to table the Election Commission’s (EC) redelineation report on Sabah’s 13 new state seats in the Dewan Rakyat.
Parti Cinta Sabah (PCS), meanwhile, is seeking a court injunction to stop the Sabah state election over the alleged failure of Najib to table the EC’s redelineation report on Sabah’s 13 new state seats in the Dewan Rakyat.
PCS president Wilfred Bumburing wants the court to order the Sabah assembly to convene an emergency session to repeal the enactment that was passed in 2016 to increase the number of state seats from 60 to 73.
After hearing arguments from all sides in both cases here today, Kota Kinabalu High Court judge Azahari Kamal Ramli made his decision in chambers.
Bumburing (second from left) after his case’s hearing at the Kota Kinabalu High Court.
One of Yong’s counsel, Ken Yong, told FMT the judge had set April 16 for the exchange of written submissions.
“An oral reply will be given during the hearing on April 20 and the ruling will be made on April 23 for both cases,” he said.
Bumburing was represented by counsel Lawrence Thien and Richard Chua.
Yong Yit Jee, Benazir Japiril Bandaran and Ken Yong acted for Yong.
Senior federal counsel Andi Razalijaya Adadi and federal counsel Dorine Patrick represented Najib and the EC.
Sabah attorney-general Zaleha Rose Pandin and senior state counsel Dayangku Fazidah Pengiran Bagul appeared for Sabah Chief Minister Musa Aman, the state government and the Sabah assembly.
During arguments, Yong Yit Lee requested that the hearing be made before May in light of the impending general election.
Thien cited the same reason in asking for a hearing before May, adding the nature of relief his client was seeking compelled them to request an early date.
Andi and Zaleha both had asked for the case to heard in May.
Speaking to reporters after the decisions, Bumburing expressed happiness over the hearing date.
“It made sense to have our case heard as soon as possible before all political parties in the election name their candidates,” he said.
“We’ll avoid all the expenses parties will have incurred for the nominations if we know the result of our application beforehand.”
Meanwhile, Yong said what he will do next depended on the outcome of his case.
“The EC’s Sabah redelineation report is a public document and, therefore, it should be made public.”
Yong is part of local opposition coalition, Gabungan Sabah.
Aside from Yong, the others behind the action were SAPP vice-president Shuaib Mutalib, Gabungan Sabah secretary Edward Dagul, Parti Solidariti Tanah Air deputy president Edward Linggu, Parti Harapan Rakyat Sabah Youth chief Jovilis Majami, SAPP EC Matters Committee chairman Japiril Suhaimin and Parti Perpaduan Rakyat Sabah executive secretary Anesthicia Usun.
In their originating summons filed last week, the group asked the court to declare that Najib was constitutionally obligated to table the EC report before GE14.
They had named Najib and the EC as defendants.
Bumburing’s lawsuit named the chief minister, the state government, the assembly and the EC as the defendants. - FMT

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