THE 21 assemblymen absent in today’s Sabah emergency assembly sitting risk being stripped of their titles as elected representatives if they refuse to be sworn in within 90 days from today.

According to Sabah Chief Minister Shafie Apdal, an assemblyman is voted in by the people, but his position only becomes sealed once he is sworn in.

“The swearing-in of the 39 elected assemblymen, including four appointed assemblymen, comes under the constitution, whether it is done on schedule or through an emergency meeting.

“They need to be sworn in, and if not, they have to provide the grounds for why they cannot do so. The reasons must be accepted by the state assembly speaker.

“This doesn’t need the head of state to be present, ” Shafie said after the emergency sitting today.

Elected representatives from Umno, PBS, and PBRS boycotted the sitting today on the grounds that the session was illegal, did not follow procedure, and was an attempt to derail the court challenge launched by former chief minister Musa Aman over Shafie’s legitimacy as chief minister.

Among those absent were Sibuga assemblyman Musa, Tambunan assemblyman Jeffrey Kitingan, Sulaman assemblyman Hajiji Hj Noor, and Kiulu assemblyman Joniston Bangkuai.  

Deputy Chief Minister Christina Liew said those who fail to be sworn in within three months will be penalised.

Liew did not elaborate on the penalties, but believed they included stripping the assemblymen of their titles as elected representatives.

Following this, they would have to vacate their seats to allow a by-election to take place.

Shafie said the state assembly was the highest institution in Sabah, where elected representatives convened to enact laws.

He said that under the separation of powers, the assembly makes laws while the judiciary enforces them, adding however that those who felt their rights had been violated could take action within the confines of the law.

Shafie said that Musa was free to challenge the legitimacy of his appointment in court.

But the powers vested in the state assembly and the fact that they had been sworn in as assemblymen should put a stop to all concerns as to whether the state is facing a chief minister crisis, he said.

“I also came to know that the opposition tried to file an injunction to stop today’s sitting. They may have the right to do so.

“But the court had made the right decision by rejecting their application. The court decision can become an academic reference if such a crisis happens again,” he said. – June 11, 2018.