KOTA KINABALU: Sabah assemblymen are wary of the state government's proposed move to remove a clause in the state Constitution that guides the Governor in choosing a Chief Minister.
Article 6(7) of the state Constitution, is a guiding clause for the Yang di-Pertua Negeri that says the choice of possible "Chief Minister" is to come from the leader of the party with the majority seats.
Chief Minister Datuk Seri Hajiji Noor had referred to removing Article 6(7) as it was no longer in line with the appointment of Chief Minister under Article 6(3) due to the current political situation.
He said this while tabling the proposed state constitutional amendment to include the anti-party hopping amendment on Thursday (May 25).
Article 6(7) of the state Constitution reads: "For the purpose of Clause (3) (TYT's appointment of a CM) of this Article, where a political party has won a majority of the elected seats of the Legislative Assembly in a general election, the leader of such political party, who is a member of the Legislative Assembly, shall be the member of the Legislative Assembly who is likely to command the confidence of the majority of the members of the Assembly".
Assemblymen were in support of an anti-party hopping amendment to the Constitution but raised questions over Hajiji's mention of deleting Clause 6(7) under amendments to include the anti-hopping law at the state level.
Opposition leader Datuk Seri Mohd Shafie Apdal (Warisan- Senallang), Datuk Ewon Benedick (PH-Kadamaian) and Datuk Darell Leiking (Warisan-Moyog) raised their fears over the possibility that Section 6(7) would be removed.
The three were among several other Opposition and government assemblymen who fully supported the anti-party hopping amendments but were against any move to delete Article 6(7) as it did not serve the purpose of stopping party hopping.
"I support the anti-party hopping amendment 100% but I am against any changes to Article 6(7).
"The constitutional amendment to Article 6(7) is a separate matter, I am not supporting it," Shafie said.
Benedick said: "I support anti-party hopping but I propose not to proceed with the deleting of Article 6(7). It is very good for us," he added.
Leiking also urged the government not to slip in the removal of Article 6 (7) into the anti-hopping law.
Article 6(7) was put into Sabah's Constitution on May 25, 1990.
It was called an anti-power grab law which enabled any party without an absolute majority to grab power after an election by using the appointment of six nominated assemblymen.
The law came after losing Parti Usno, led by the late Tun Datu Mustapha Harun, with 22 assemblymen was sworn in as Chief Minister even though Parti Bersatu Sabah (PBS), led by Tan Sri Joseph Pairin Kitingan, won the majority with 25 seats in the then 48-member house during the 1985 state election.
Mustapha's appointment was declared null and void with Pairin subsequently appointed legitimate Chief Minister.
Mustapha challenged his removal but the court recognised Pairin as the rightful Chief Minister.
The debates continue over the anti-hopping Bill.
