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Friday, November 30, 2018

PBS: Musa was unconstitutionally ousted through conspiracy

PBS information chief Joniston Bangkuai says former Sabah chief minister Musa Aman has a right to be heard over the alleged conspiracy to overthrow his government.
KOTA KINABALU: Parti Bersatu Sabah (PBS) believes the “power grab” incident on May 12 in Sabah should also be investigated under Section 124B of the Penal Code following a police report lodged by Perak DAP over an allegedly similar incident in the state.
PBS information chief Joniston Bangkuai said there are parallels between Perak’s coup d’etat in February 2009, as mentioned by Perak DAP chief Nga Kor Ming, and what had happened in Sabah on May 12.
Both incidents, he said, ended up in court with adverse consequences for the parties ousted.
In his statement on Tuesday, Nga had implied it would be deja-vu if what transpired on February 2009 is repeated soon in Perak. He warned that any move to oust Perak Menteri Besar Ahmad Faizal Azumu would be detrimental to parliamentary democracy.He had cited Section 124B of the Penal Code (dealing with activity detrimental to parliamentary democracy), read together with Section 124C. Under Section 124B, the maximum penalty is 20 years jail.
Nga also likened the 2009 incident with alleged efforts by the opposition to overthrow the government. He alleged it was a conspiracy based on inducements, corruption, fraud and criminal intent.
“Given Nga’s statement, former Sabah chief minister Musa Aman has a right to be heard on the alleged conspiracy which overthrew his democratically-elected and lawfully-established government on May 12,” Bangkuai told FMT today.
Parti Solidariti Sabah (STAR) chief Jeffrey Kitingan had added his two state seats to Musa’s 29 seats on May 10 to form a coalition government, with a simple majority.
Nonetheless, Bangkuai said, Musa actually did not need Jeffrey’s two seats to form the government.
“The Sabah Constitution is clear. Under Article 6(7) and 6(3), Musa had the largest number of seats contested under one symbol.
“The state assembly, if convened, would have seen the passage of government Bills and Musa remaining as chief minister as the head of a minority government.
“The alleged conspiracy against Musa’s government would have failed given the power of incumbency,” he said.
Bangkuai said, unfortunately, Judge Yew Jen Kee had made a big play on the numbers, as in Perak in 2009, and came up with a judgment on Nov 7 which went against public opinion.
He said there is further speculation that the words “minority government” would be removed from the state Constitution “to give greater clarity in the Constitution”.
“These are dark days for the state because the sanctity of the Sabah Constitution was violated.
“How some can watch and remain mum over this mockery of justice is beyond comprehension,” he said. -FMT

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