PBS looking forward to by-election following Musa Aman’s appeal

KOTA KINABALU, Nov 15 — Parti Bersatu Sabah (PBS) said today it is prepared for an upcoming court appeal by former chief minister Tan Sri Musa Aman against the High Court’s ruling over the legitimacy of the current ruling government.

Its president Datuk Seri Maximus Ongkili said he was looking forward to the appeal scheduled for November 28 as it may turn the tide for the state government.

“There is a lot of speculation. If Musa wins, there may be an election. Or if the state wins... well we have to be prepared for any eventuality. Whoever wins, they can call for an election,” he said when speaking to reporters after launching the PBS congress here.

There was a power tussle for the state government following the results of the election of May 9.

After a 29-29 tie between the Sabah Barisan Nasional (BN) and Parti Warisan Sabah and its allies, BN was first to declare a simple majority by getting the support of two Parti Solidarity Tanah Airku (STAR) state assemblymen.

Musa was sworn in as chief minister on the night of May 10 but several defections later, the Head of State Tun Juhar Mahiruddin said that Musa no longer commanded the majority and Shafie was sworn in as chief minister on the night of May 12.

Subsequently Musa filed an appeal to declare Juhar’s move was unconstitutional but the Kota Kinabalu High Court struck out his suit last November.

Judge Yew Jen Kie said the Federal Court in Putrajaya had laid down the legal principles that there was no mandatory requirement for a motion of no confidence against a chief minister, before he could be considered as having lost the confidence of the majority of assemblymen.

Musa’s counsels filed the appeal shortly after.

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