Shafie can be appointed Sabah CM with declaration of support from majority

© Provided by Media Prima Datuk Seri Shafie Apdal can be appointed as the Chief Minister of Sabah with a declaration of support from a majority of the members of the State Legislative Assembly. (Pix by KHAIRULL AZRY BIDIN)

KOTA KINABALU: Datuk Seri Shafie Apdal can be appointed as the Chief Minister of Sabah with a declaration of support from a majority of the members of the State Legislative Assembly.

A retired High Court judge, Datuk Douglas Christo Primus, said with such a declaration, the Yang Dipertua Negeri Tun Juhar Mahiruddin has the power to remove Tan Sri Musa Aman as the Chief Minister.

“This is if he (Musa) resigns as the Chief Minister,” Primus said.

“But if there is no resignation, then the TYT (Juhar) can sack him (Musa) if he receives declarations from a majority of the members of the floor or assemblymen that they support Shafie as the Chief Minister.”

Parti Warisan Sabah, led by Shafie as its president, has secured support from 35 assemblymen, including those from PKR, DAP, Upko and Umno, in its bid to form a new government.

Primus added that the benchmark for the scenario was similar to what happened when Barisan Nasional’s Datuk Dr Zambry Abdul Kadir took over from Pakatan Rakyat’s Datuk Seri Mohammad Nizar Jamaluddin as Menteri Besar of Perak in 2009.

“The traditional view is that the House (State Legislative Assembly) has to be convened in a vote of no confidence to be tabled. This was the rationale in (the late Tan Sri) Stephen Kalong Ningkan case,” he said on how the former Sarawak Chief Minister was removed in 1966.

“But this position was changed in the Perak (Zambry vs Nizar) case where the Federal Court decided that the ruler may determine by other sources if the Menteri Besar has lost his majority. For this the declaration of support suffices.” -nst