Local opposition pact Gabungan Sabah has threatened to organise a protest rally involving at least 10,000 people outside the state legislative assembly if such a bill to repeal the constitutional amendment is tabled.
“Repealing the amendment is tantamount to abuse of power and reflects a failure of a constitutional government,” said former chief minister Yong Teck Lee, who heads the Sabah Progressive Party (SAPP), that is part of Gabungan Sabah.
He said Parti Bersatu Sabah acting president Maximus Ongkili’s remarks that the state assembly would have to “undo” the constitutional amendment by repealing the law was nothing short of “ridiculous”.
“If the government proceeds with the repeal, it would be making a mockery of the Yang di-Pertua Negeri and the assembly and making a fool of Sabahans,” Yong told the media today.
With him was fellow Gabungan party chiefs Jeffrey Kitingan of STAR, Mohd Arshad Abdul Mualap of Parti Perpaduan Rakyat Sabah and Parti Harapan Rakyat Sabah deputy president Ashim Jamat.
Yong said the bill for the amendment to Article 12(2) of the state constitution was tabled by Special Functions Minister Teo Chee Kang on Aug 9, 2016 and was passed after debates on the same day.
Yong said the bill was passed with 53 assemblymen saying “Yes”, and three namely Terrence Siambun (Moyog), Roland Chia (Inanam) and Chan Foong Hin (Sri Tanjung) objecting.
He said the Hansard showed that Junz Wong (Likas) had abstained while Yusof Apdal (Lahad Datu) was absent.
Yong said the government gazette showed that the Yang di-Pertua Negeri had assented to the amendment on Aug 17 the same year.
He said all that needed to be done was for the amendment to be tabled in Parliament, noting that there was a sitting scheduled from March 5.
“In view of these facts and legal reality, the coming polls must see the election for 73 members to the state assembly,” he said.
“Failure to do so will result in a constitutional crisis because the Sabah Constitution now stipulates that there are 73 members whereas only 60 members were elected,” Yong said.
He also noted that the Election Commission had carried out a redelineation process in 2016 and 2017.
“It has published the proposed constituencies and boundaries and carried out public hearings. Much effort and costs have been incurred,” Yong added.
“There is nothing to stop the BN government from getting Parliament’s approval,” he said, adding that additional seats for Sabah could be passed by the house separately, as what had been done for the amended Sarawak state constituencies.
Jeffrey questioned the rationale for the government going through the legal process of tabling the constitutional amendment and for not seeing it through to its conclusion.
“We can only surmise BN is worried, perhaps of its component parties grabbing these new seats and the resulting problems for them.”
During his recent visit to Sabah, Prime Minister Najib Razak had told state BN leaders that the coalition should win at least 22 of the 25 parliamentary seats and 48 of the 60 state seats the BN presently holds, thus giving rise to speculation that the extra 13 state seats may not be contested in GE14.