Kadzim said the letter signed by Hassan, who quit Warisan to become an independent supporting the Gabungan Rakyat Sabah (GRS) government last week, was “ineffective” under the current law.
At the same time, he said Hassan had also handed to him a statutory declaration to withdraw and revoke any pre-signed documents with Warisan, besides stating his intention to keep his seat.
“I have gone through both documents by Warisan and Hassan. I found the resignation letter supposedly signed by Hassan ineffective,” he said, in a press conference at the state assembly building here today.
“Under the law now, any pre-signed and undated resignation letter is invalid.
“Based on that, I cannot accept the resignation letter when at the same time the representative himself voiced no intention to vacate the seat. Hassan remains as the Sebatik rep and an independent but friendly to the GRS government.”
Warisan president Shafie Apdal said on Monday that Hassan had made a pledge and signed a document of allegiance to Warisan in front of the party’s lawyers before the state election in September.
A video of Hassan swearing his allegiance was also shown to reporters where he had promised to hand in his resignation as Sebatik assemblyman if he switched parties.
Hassan has maintained that the letter was invalid as he had no choice but to swear his allegiance to become a candidate.
Warisan secretary-general Loretto Padua Jr handed over Hassan’s resignation letter to the state speaker’s office yesterday.
Kadzim acknowledged receipt of the letter but said Hassan had also submitted a statutory declaration to revoke and withdraw any letter he signed with Warisan.
Meanwhile, Kadzim said it was up to Warisan to follow up with any legal action if they felt his decision was wrong.
“I leave it to Warisan if they want to take civil action but my consideration is based on the law. For me, the letter is ineffective therefore the seat is not vacated,” he said.
He also questioned the date on the letter, which was Feb 26. “Hassan supposedly signed the letter on Sept 10 (last year). But how can they fix Feb 26 for him to resign? Why not Feb 1 or March 1 – where’s the logic?
“If they think my decision is wrong, they can challenge it in court. If the court overturns my decision then the law must be changed as well or another law must be made so it will not violate Article 10 of the Federal Constitution which guarantees freedom of association.”
Kadzim said a resignation letter was only valid if the assemblyman wrote such a letter and handed it to the state speaker.
“Technically, he (Hassan) did not switch parties. He only quit Warisan to become an independent.”