KINIGUIDE | The legitimacy of Sabah's chief minister has been challenged yet again due to a switch in allegiances.
For now, no one apart from the incumbent has claimed to have the majority.
However, the incident has been deemed serious enough for Prime Minister Anwar Ibrahim and his deputy Ahmad Zahid Hamidi to fly into Kota Kinabalu tonight in hopes of performing an intervention.
This edition of Kiniguide attempts to make sense of Sabah's complex political landscape by examining the numbers needed to form a government and the issues arising from the latest challenge.
Who is leading the Sabah government now?
As of last night, Gabungan Rakyat Sabah (GRS) leader Hajiji Noor appeared to still command the majority support (44 out of 79 assemblypersons) of the Sabah legislative assembly.
No other assemblyperson has claimed to have majority support.
Why is Hajiji's legitimacy as CM being challenged?
Hajiji's opponents claim he can no longer be the chief minister by virtue of Article 6(7) of the Sabah constitution.
This law stipulated that apart from commanding the confidence of the majority in the state assembly, the chief minister must also be the leader of the political party that "won a majority of the elected seats".
During the September 2020 state election, Hajiji was the leader of Sabah Bersatu (the party) which is part of Perikatan Nasional (the coalition). As a coalition, PN won 17 seats. With the help of Parti Bersatu Sabah (PBS) and BN, Hajiji had the support of 38 lawmakers - one more than the 37 required to have a simple majority.
By Dec 9 last year, Hajiji and all the Sabah Bersatu assemblypersons quit the party.
Now that he was no longer the leader of a "political party" that "won a majority of the elected seats", his critics believe that he no longer qualified to be the chief minister under Article 6(7).
Separately, Hajiji is the leader of a political party known as GRS since last year.
His critics, however, say this does not qualify Hajiji for chief ministership because GRS did not exist during the September 2020 election and thus does not fulfil the criteria under Article 6(7).
Who withdrew support for Hajiji?
Thirteen out of 18 BN-Umno assemblypersons withdrew support for Hajiji. Five chose the status quo.
Another three assemblypersons from Parti Kesejahteraan Demokratik Masyarakat (KDM) also withdrew support for Hajiji.
How then did Hajiji still have the majority?
In a surprise move, all seven Pakatan Harapan assemblypersons pledged to support Hajiji, ostensibly to ensure political stability, thereby ending their status as opposition lawmakers.
Hajiji's GRS was already backing Harapan leader Anwar as prime minister at the federal level.
Can BN compel the five lawmakers to toe the line?
This is uncertain. For the Nov 19 general election, BN forced all its candidates to sign a contract stating that they will heed their party president's decisions on forming a government.
So far, there is no indication that Sabah BN imposed similar conditions.
Isn't the anti-hopping law supposed to prevent this?
Article 49A of the Federal Constitution applies only to MPs. Certain states have implemented similar laws, but not Sabah.
However, even if such laws were to exist for Sabah, BN's decision to withdraw support for Hajiji is not covered.
Article 49A only stipulates that MPs who switch parties or independents who join a party will be deemed to have vacated their seats.
Has Hajiji's majority been tested?
No. Unlike when Musa Aman tried to oust Shafie Apdal as the chief minister in 2020, the challengers did not gather to prove their numbers.
Furthermore, the lawmakers have not been summoned by Governor Juhar Mahiruddin to test their support.
However, Hajiji will have an opportunity to prove his majority tomorrow during a special state assembly sitting.
This sitting was called on Dec 21 last year and was designed to pass a law that will grant the state regulatory powers over onshore gas supply.
Which party won the most seats during the Sabah 2020 polls?
Based on the ballot papers used during the election, Warisan won the most seats (29), although the actual count also included DAP members (6).
PN came in second (17 seats) and BN third (14).
As of last night, the party with the most seats was Warisan (19), followed by Umno (18) and GRS (the party, 15).
Why do some parties have more or less seats now than in 2020?
As chief minister, Hajiji appointed six members of the legislative assembly, bringing the total number of lawmakers to 79.
The Sabah constitution allowed for up to six such appointments.
Warisan and DAP also suffered a slew of defections since 2020. - Mkini
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