THE approval of the Sabah State Constitution (Amendment) 2023 is more important to stop elected representatives from leaving their parties after elections than the abolishment of article 6(7) of the Sabah State Constitution.

United People’s Kinabalu Organisation president Ewon Benedick, who is also Kadamaian assemblyman, said this was because the selection and appointment of the chief minister still could be done under article 6(3) of the Sabah State Constitution.

Also, article 6(7) no longer seemed relevant and should be abolished as there was a loophole. It does not clarify whether a party leader is qualified to be a chief minister if they lost in the elections, even if their party won a majority.

“In my view, it should be considered there was a clear winner, with the party winning more than 50% in the elections. Then in the event there is no party or coalition of parties securing more than half the seats, what is tabled and approved will serve as a guide for the Yang di-Pertua Negeri to select a chief minister based on the person with majority support,” he told reporters in Penampang yesterday.

Article 6(7) states that the leader of a political party which has won a majority of the elected seats of the assembly shall be the member of the assembly who is likely to command the confidence of the majority of the members of the assembly.

The Sabah assembly passed a bill last Thursday with 75 assemblymen approving, while four were absent during the third reading after it was tabled by Chief Minister Hajiji Noor.

During the second reading, a bloc vote conducted on clause 2 of the bill witnessed 61 assemblymen approving that article 6(7) be abolished, 14 against and four absent.

Ewon said there was a need to refine article 6(7) so that the governor could have a clearer guide in appointing a chief minister after elections, and he welcomed a special community to strengthen the definition in the state constitution.

He also said interpretation of selecting a chief minister from minority parties in the state assembly was not as easy as claimed with the abolishment of article 6(7).

“The party with more elected representatives will always claim they are more qualified to be appointed chief minister. We need to view it from a practical and realistic manner, not just assumptions,” he said, adding that every coalition had their own formulas to determine their chief minister candidate. – Bernama, May 29, 2023.