Hajiji has locus standi, remains Chief Minister - GRS

KOTA KINABALU - Gabungan Rakyat Sabah (GRS) rejects Sabah Umno’s claim on the position of Datuk Seri Hajiji Noor, who is said to have no locus standi or legal right to continue as Chief Minister after leaving Parti Pribumi Bersatu Malaysia (Bersatu).

GRS Secretary General Datuk Seri Masidi Manjun said Hajiji's qualification to hold the position was not affected as he was with all former members of the Bersatu State Legislative Assembly (ADUN) who are GRS members.

"There is more than enough majority of assemblymen and they are the largest political party in the Sabah State Assembly (DUN).

"Therefore, there is no merit to Datuk Seri Bung Moktar Radin's claim that Datuk Seri Hajiji Noor does not have the locus standi to become Sabah Chief Minister," he said in a statement earlier today.

Masidi said the statement was in response to Bung Moktar's media statement which was seen as trying to create doubt and confusion about the legitimacy of Hajiji's position as Chief Minister.

He said Bung Moktar only referred to Article 6(7) of the Sabah State Constitution regarding the majority belief of a political party leader who was also an assemblyman.

"Article 6 (7) refers to the situation when a political party wins the majority of seats in the State Legislative Assembly (DUN), the leader of that party is considered to control the majority," he said.

On the other hand, Masidi said, if no party controls the majority or more than 50 percent of the seats in the DUN after the state election, the Sabah Governor would choose a member of the House who he thought had the majority of confidence trust in accordance with Article 6(3) of the State Constitution.

In the statement, Masidi also gave an example of the definition of the majority through the case of Tan Sri Musa Aman versus Tun Juhar and Anor [2019] 10 MLJ 329 in the High Court by referring to page 345 in paragraphs [28] and [29] where the High Court Judge Datuk Yew Jen Kie stated that majority did not mean 'the most seats' but more than 50 per cent of seats in the state assembly.

"Datuk Yew Jen Kie further said Article 6(7) will not apply unless a political party manages to win more than 50 percent of the state assembly seats in the general election and that did not happen in 2018 (14th General Election).

"In GE14, no single party won more than 50 percent of state assembly seats and therefore, Article 6(7) of the Sabah State Constitution does not apply.

"The Court of Appeal upheld Datuk Yew Jen Kie's decision in Tan Sri Musa Aman versus Tun Juhar and Anor [2020] 3 MLJ 49 as stated in page 56, paragraph [17]," he said.

Masidi said that during the 16th State Election in 2020, no political party won more than 50 percent of the 73 state assembly seats contested.

Accordingly, following the interpretation of Article 6(7) by the High Court and the Court of Appeal, His Excellency first observed that no political party won more than 50 percent of the DUN seats and thus disregarded Article 6(7) as inapplicable.

"His Excellency then exercised his authority properly under Article 6(3) and appointed Datuk Seri Hajiji Noor as Chief Minister.

"Therefore, Datuk Seri Hajiji Noor is constitutionally legally sworn in as Chief Minister in accordance with the law and the democratic mandate of the people of Sabah," he said.

Prior to this, in Bung Moktar's press conference on Friday night, Sabah BN and Umno withdrew their support for Hajiji as Sabah Chief Minister.

The decision was taken following Hajiji's actions which violated the political understanding agreement between the Sabah BN in the formation of the Sabah government in the last state election.