Sabah Law Society president Roger Chin
KOTA KINABALU: A two-year extension for the Yang di-Pertua Negeri Tun Juhar Mahiruddin does not breach the Sabah Constitution that provides for four years for each term of office.
Sabah Law Society president Roger Chin said that it was not mandatory for each appointment to be four years.
The term of four years stated in the Constitution with the words "shall" was not always defined as mandatory, he said.
Chin was responding to a question on why the fourth term of Juhar as governor was limited to two years from Jan 1, 2023 to Dec 31, 2024.
"The person who has a legitimate right to complain would be the person appointed and it could be that the governor consented for a further two-year term instead of four years," he said.
Juhar, whose third term ends on Dec 31, received his instrument of appointment as governor for a fourth term from the King at Istana Negara on Friday (Dec 24).
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Juhar is scheduled to take his oath of office before a High Court judge at Istana Negeri on Jan 2.
Chin said that it was not unusual for such appointments as even in Sarawak, Tun Abdul Taib Mahmud was appointed for a third term as Yang di-Pertua Negeri for a two-year term instead of the Constitutionally provided four-years.
"Terms are usually stated to ensure that they do not overstay. In this case, the term is lesser than what is provided, there is no harm done.
"The harm is done when one stays longer than what is allowed," he added.
The Gabungan Rakyat Sabah-Barisan Nasional state government under Chief Minister Datuk Seri Hajiji Noor had agreed to extend Juhar's term ending speculations that Sabah might get a new governor.
Former Barisan chief minister Tan Sri Musa Aman and former Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia were among those widely speculated to take up the position.
Most political observers said that the re-appointment of Juhar to bring about stability is widely seen as non-controversial.
Juhar was first appointed as governor on Jan 1, 2011.
In 2018, the state government amended the Constitution to allow for a governor to continue serving beyond two terms.
