SABAH’s head of state has the power to appoint the chief minister but not to remove him, the state’s Daily Express newspaper reported as tensions heighten over whether Parti Warisan Sabah chief Shafie Apdal can be sworn in as chief minister.

The paper spoke with senior lawyer S. Vanugopal, who said removing the current chief minister, Musa Aman, could only be done through a vote of no confidence by members of the legislative assembly. 

Musa was sworn in on Thursday night and his state cabinet announced the next day.

Vanugopal said Article 6(3) of the State Constitution states that the Yang di-Pertua Negeri shall appoint as chief minister a member of the state legislative assembly, who in his judgment is likely to command the confidence of the majority of the members of the assembly.

“However, once the appointment is executed, the Yang di-Pertua Negeri has no power to remove the chief minister,“ said Vanugopal, adding that both the appointment and removal have to be gazetted.

Vanugopal said it was up to the Yang di-Pertua Negeri to grant Shafie an audience to listen to his claim that he had the majority numbers. 

“(Then) he can tell the incumbent chief minister to tender his resignation accordingly, for the next appointment to be made.”

Last night, the BN elected rep for the Pensiangan parliamentary and Sook state seat, from Parti Bersatu Rakyat Sabah, aligned himself with Warisan, giving Shafie the backing of 36 assemblymen and leaving BN with 24.

Shafie and the assemblymen are reported to be waiting to have an audience with the Yang di-Pertua Negeri.

“The next person who thinks he has majority support can pass a motion of no confidence against the incumbent chief minister in the assembly. The chief minister is obliged to resign after he has lost a motion of no confidence in the legislature.

“If someone, in this case Shafie, claims to have majority support, he has to wait patiently until the assembly is convened for his claim to be tested.

“Once the Chief Minister is removed, the claimant to the position can then present his credentials to the Yang di-Pertua Negeri for him (the claimant) to be appointed Chief Minister,” Vanugopal explained.

For Sabahans, current events are a reminder of the 1985 state election, when Parti Bersatu Sabah (PBS) leader Joseph Pairin Kitingan became chief minister despite United Sabah National Organisation (Usno) president Tun Mustapha Datu Harun being sworn in earlier.

Mustapha’s party only won 16 seats compared to PBS’ 25, but the former had rushed to the state palace to get himself sworn in at 2am.

Following this, the state constitution was amended to require that the person who commands the confidence of the majority assemblymen must also be the leader of the political party with the majority of seats in the assembly. – May 12, 2018.