December 8 to hear 33 Sabah reps’ leave to appeal dissolution


THE Federal Court has set December 8 to hear an application by 33 Sabah reps seeking leave to appeal against a verdict over the Sabah governor’s decision to dissolve the state assembly in July this year.

The assemblymen had sought for leave to commence a judicial review to challenge Juhar Mahiruddin’s decision but lost their case in the high court and Court of Appeal.

In a letter by Federal Court deputy registrar Mazuliana Abdul Rashid also notified parties in the case the hearing would be conducted via video conferencing.

In the letter dated October 27 this year, she said that case management would be held electronically on November 17.

It also stated that applicants who do not wish to proceed with their application should file a notice of discontinuance signed by both parties.

The 33 assemblymen, including former Sabah chief minister Musa Aman, had filed for leave to appeal in the Federal Cour against the Court of Appeal’s decision to uphold the high court’s refusal to grant them leave to challenge the governor’s decision.

Following the Court of Appeal ruling, state elections proceeded on September 26, which saw Perikatan Nasional, Barisan Nasional and Parti Bersatu Sabah, under the Gabungan Rakyat Sabah banner, winning 38 seats against Parti Warisan Sabah, which won 32 seats together with PKR and Upko.

The appellate court three-member bench, led by Abdul Karim Jalil, had ruled that Juhar had correctly exercised his discretion according to the state constitution in dissolving the state assembly.

Karim said there was no appealable error by judicial commissioner Leonard David Shim in refusing the leave application for judicial review on August 21.

The 33 assemblymen claimed on July 29 they made up the majority in the state assembly and wanted Juhar to swear in a new government. – Bernama, November 11, 2020.


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