PETALING JAYA: Sabah Progressive Party (SAPP) president Yong Teck Lee today warned that the High Court’s decision to dismiss the judicial review application against Governor Juhar Mahiruddin’s consent to dissolve the state assembly could set a “dangerous precedent”.
He said the striking out of the application on grounds that the court had no justiciability meant that none of the governor’s actions could be challenged.
“What if the governor decides to dismiss a minister without the advice of the chief minister? What if he confers a Datukship on a notorious convict?
“What if he insists on pardoning that convict against the advice of the attorney-general? Surely such actions of the governor are justiciable.
“What if the governor dissolves the state assembly without being advised by the chief minister? Sabah would be ruled by a governor for life whose illegal actions cannot be challenged, not even in a court of law,” he said in a series of Twitter posts.
Adding that he would have no qualms if the dissolution of the assembly was upheld as valid, he nonetheless maintained that it was cause for concern if none of the governor’s actions was deemed justiciable.
He also noted that the two-term limit imposed on the governor was abolished in December 2018, meaning that the governor could rule for life.
Judicial commissioner Leonard David Shim earlier today struck out the application by 33 Sabah assemblymen against the governor’s consent to dissolve the state assembly, saying the court had no justiciability to hear and decide on the case.
The group, led by former chief minister Musa Aman, filed the bid on Aug 3, seeking an injunction to the dissolution of the assembly.
They also questioned the written request to Juhar from caretaker chief minister Shafie Apdal for the dissolution of the assembly. - FMT
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