SABAH is not headed for a constitutional crisis despite Musa Aman’s refusal to resign as chief minister even after being asked to do so by the head of state, said Parti Warisan Sabah president Mohd Shafie Apdal.

Shafie was sworn in as chief minister last night after Warisan obtained a simple majority of 35 seats, following the defections of six Barisan Nasional assemblymen – four from Umno and two from Upko – to the party.

He said he is the legitimate chief minister who has been given the mandate by the people and commands majority support, and that Musa – who was sworn in as chief minister on Thursday, before the BN defections – can take the matter to court if he is dissatisfied.

“We had all the elected reps sign a statutory declaration that they are aligned with Warisan, and after Istana Negeri went through it and was convinced, they summoned Musa to the palace.

“The head of state asked him to resign because he does not have the majority,” he said during a press conference after his swearing-in.

Shafie said Article 7(1) of the Sabah constitution states that if the chief minister ceases to command the confidence of a majority of the members of the state legislative assembly, then, unless he requests that the head of state dissolves the assembly, the chief minister must tender the resignation of his cabinet.

He said the matter is not something new, citing the Perak constitutional crisis in 2009, involving the menteri besar, and Sabah’s 1985 crisis, involving the then Usno president, the late Mustapha Harun, who failed to become chief minister after not getting majority support.

“I also remember the time Umno took over from the PBS government in 1994. I remember that we handed over the letter to the then head of state, Mohammad Said Keruak, stating that PBS elected representatives have defected.

“Said then called PBS president Joseph Pairin Kitingan, and I remember that Pairin knew the law, and being a gentleman, he just tendered his resignation, because he knew that he didn’t command majority support.”

Shafie added that he is mulling invoking the state constitution to nominate six assemblymen, and will reveal his cabinet soon. – May 13, 2018.