Parti Warisan is taking decisive action to restore a crucial clause in the Sabah Constitution, aiming to safeguard against political power grabs. Supreme council member Chen Ket Chuin announced that the party will submit a private member's bill to reinstate Clause 6(7), which was controversially repealed by the state government last year.
Chen emphasized the importance of Clause 6(7), which was initially introduced in the late 1980s by the Parti Bersatu Sabah (PBS) government. The clause served as a guideline for the Governor in appointing the leader of the majority party as Chief Minister, thus preventing scenarios where a party with fewer seats could seize power. This measure was a direct response to the political turmoil following the 1985 state election.
In that election, PBS won a simple majority with 25 out of 48 seats. However, the losing party, Usno, led by the late Tun Mustapha Harun, managed to get Mustapha sworn in as Chief Minister despite having only 16 seats, supported by six Parti Berjaya assemblymen. This situation was further complicated by the justification that six nominated assemblymen would bolster Mustapha's position to 28 seats. This incident, famously known as the "midnight coup," was resolved within 24 hours when PBS president Tan Sri Joseph Pairin Kitingan was sworn in, and Mustapha's appointment was subsequently revoked by the courts.
Chen argued that the current constitution only provides Clause 6(3), which empowers the Governor to appoint a Chief Minister based on their judgment of who is likely to command the majority in the Assembly. However, Clause 6(7) offered a clearer directive and a safeguard against the type of power grab seen in 1985. He pointed out that the deletion of this clause now opens the door for manipulations where nominated assemblymen could be used to falsely claim a majority.
"With the provision of the now deleted Article 6(7), legislative members were prevented from using the six nominated assemblymen to claim a majority. Article 6(7) has served Sabah well and must be reinstated to ensure political stability," Chen insisted.
Chen also criticized the Gabungan Rakyat Sabah (GRS) government's decision to delete Article 6(7), referencing the advice from state-appointed lawyer Tengku Fuad Ahmad, which he deemed incorrect. Chen expressed concern over Fuad's role and noted that the State Attorney General Nor Asiah Mohd Yacob had disclosed on May 24 that Fuad was no longer representing the government in the Sabah Law Society's judicial review of the 40% revenue case. Furthermore, all submissions made by Fuad at the Court of Appeal hearing on May 16 were expunged.
The repeal of Article 6(7) without reinstatement, according to Chen, poses a significant risk. It could lead to a scenario where the leader of a party with minimal seats within a coalition could be appointed as Chief Minister, undermining the mandate of the people of Sabah. "This could lead to political chaos, with multiple parties potentially resorting to legal battles to determine the rightful Chief Minister," he warned.
Parti Warisan's push to reinstate Clause 6(7) is a critical step towards maintaining the integrity of Sabah's political process and ensuring that the will of the electorate is respected. This move seeks to prevent future political instability and reinforce the democratic principles within the state.
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