KOTA KINABALU: A Parti Bersatu Sabah (PBS) leader says the High Court’s decision to dismiss Tan Sri Musa Aman’s originating summons over the Sabah chief minister dispute by making reference to the Perak case is unacceptable.
PBS secretary-general Datuk Johnny Mositun said the Perak menteri besar 2009/2010 crisis, involving BN’s Datuk Seri Dr Zambry Abdul Kadir, was not similar to the Sabah case.
“Although the court relied on extraneous evidence of the statutory declarations of the six froggers (BN assemblymen, who defected to Parti Warisan Sabah) as to what constitutes the ‘majority’ and the outcome of the GE14, the issue of whether Musa or chief minister serves at the pleasure of the Yang di-Pertua Negeri (Tun Juhar Mahiruddin) was not really clear or certain.
“To me the Perak Constitution is not the same with our Sabah Constitution, as the appointment of the sultan is not done or appointed by the king or agong. Whereas Sabah’s Yang di-Pertua Negeri does.
“Moreover, the facts and circumstances of the Perak case could be distinguished from our Sabah case.”
Parti Bersatu Sabah secretary-general Datuk Johnny Mositun says the laws of Sabah and Sarawak are different from those of Perak and other states in the peninsula.
Based on the judgment of the presiding judge yesterday, Mositun said it appeared that Sabah’s Yang di-Pertua Negeri has powers similar to that of a sultan, which he stressed was not enshrined by the Malaysia Agreement 1963.
He noted that the laws of Sabah and Sarawak were different from those of Perak and other states in the peninsula.
“This is simply because Sabah and Sarawak are equal partners with the Federation of Malaya with special interests and rights.
“The judgment has completely oversight this matter by heavily relying on the Perak case... The High Court judge should commit herself to make serious distinctions to Zambry’s Perak case.”
Mositun also noted that Musa had instructed his counsel to appeal the case to a higher court.
“Let’s just wait for the impending appeal to be heard in the Apex Court. We have confidence in the Apex Court making professional judgement based on the constitution to satisfy the expectations of the rakyat, especially Sabahans.”
In June, Musa filed an originating summons against Juhar and Parti Warisan Sabah president Datuk Mohd Shafie Apdal.
The originating summons were to seek a declaration that Musa is the rightful chief minister and to challenge Shafie’s chief ministership appointment by Juhar. © New Straits Times Press (M) Bhd