Court never ruled Amarjit’s appointment null and void, says Shafie

Chief Minister Shafie Apdal (third from right) handing over a donation cheque to a recipient during the presentation of government financial aid to non-Islamic schools and religious bodies in Kota Kinabalu today.

KOTA KINABALU: Chief Minister Shafie Apdal says Amarjit Singh’s appointment as the Sabah Water Department director may have contravened state laws but the court did not rule his position as null and void.

Speaking to reporters after an event here today, Shafie said he had read the court judgement on the case but did not find it had ruled Amarjit’s appointment as illegal.

He said the judge, in his ruling, only mentioned the appointment had contravened Section 3 of the Water Supply Enactment 2003.

“I think the judgement didn’t clearly stipulate that it is illegal.

“There is some kind of contravention but we will put it right to make sure everything is in order,” he said.

On Oct 9, High Court judge Ravinthran Paramaguru said Amarjit’s appointment went against Section 3 of the enactment, which states that only civil servants should be given senior positions at the Sabah Water Department.

Sabah Progressive Party president Yong Teck Lee and businessman Pang Thou Chung had filed the lawsuit last March seeking the court’s declaration on Amarjit’s status.

Subsequently, de facto law minister Liew Vui Keong said the state government would appeal the decision, adding that Section 3(2) of the same law might not apply to Amarjit.

Shafie acknowledged that the director of the department must be appointed from among the civil service but the government had instructed the state Public Service Commission to appoint Amarjit on a contractual basis.

“The moment he is appointed as a contract officer, he’s already become a civil servant. Immediately then, we can put him there as the director,” he said.

The Semporna MP also explained that any action or announcement by Amarjit on his position of director was also not illegal as they were in fact instructed by the state Cabinet.

Among other examples, he said, was the termination of contracts involving six companies operating 58 water treatment plants in Sabah previously.

”That is not done by himself. That is a Cabinet decision. Only the Cabinet has the right to terminate,” Shafie said. - FMT