Okay to extend governor’s term but don’t make it permanent, says ex-judge

Retired High Court judge Douglas Primus Sikayun.

KOTA KINABALU: A retired judge says there is no problem with the Yang Di-Pertua Negeri Sabah holding office beyond the current two-term limit, but warns against making the term permanent even if the state assembly agrees to amend the Sabah constitution to this effect.

Douglas Primus Sikayun, a former High Court judge, added that legislators needed good reason to pass a law on any extension of term.

“Constitutionally, it can be done. There is nothing wrong. But the politicians must justify the reasons,” he told FMT.

“It’s not so good if the state assembly makes the term unlimited, because then someone could be there forever jut like a sultan. The longest should only be up to four terms.”

He was responding to claims that a special state assembly sitting is due this week to amend the state constitution to extend the term of the Sabah governor.

The term of present governor Juhar Mahiruddin will expire this year. He was appointed on Jan 1, 2011.

Under the Sabah constitution, the head of state is appointed for a term of four years and should not hold office for more than two terms, continuously or otherwise.

Sikayun urged lawmakers to study the constitutions of Sarawak, Melaka and Penang before proceeding with any move to amend Sabah’s constitution on this matter.

He acknowledged that the original constitution allowed the governor to serve as head of state for as long as he was capable.

He added however that the constitution was amended during Parti Bersatu Sabah’s (PBS) reign, limiting the service to two terms. The late Adnan Robert was the only Sabah governor to serve beyond the two-term period.

“This was a political decision,” Sikayun said.

Adnan was at the centre of a tussle in 1985 between PBS president Joseph Pairin Kitingan and the late Datu Mustapha Harun, famously dubbed “the palace coup”.

Both Pairin and Mustapha maintained that they had been sworn in as chief minister by Adnan following the state elections that year, which saw the collapse of the Berjaya government under Harris Salleh.

Adnan had to appear in court during the legal battle.

There were previous calls for the Sabah constitution to be amended to make the Yang Di-Pertua Negeri’s service permanent, particularly by Persatuan Bumiputra Bajau Semporna Sabah in 2013.

Its president Mansor Santiri proposed the restoration of the initial state constitution which was implemented after Sabah’s independence.

“The original constitution was changed by the PBS government during the 1980s due to political reasons at the time,” he said.

He added that if the pension system after two terms remained, the government would have to continue paying pensions to many former Sabah governors. - FMT