They said the law would facilitate a smoother transition of power and expedite the appointment of the chief minister once the results are announced.
Introduced by chief minister Hajiji Noor and passed by the state legislative assembly in May 2023, Sabah’s constitution now provides that assemblymen who switch parties must vacate their seats, triggering a by-election.
“I foresee increased stability after the Nov 29 state polls,” lawyer Firoz Hussein Ahmad Jamaluddin told FMT, adding that assemblymen would be reluctant to give up seats in the state assembly.
However, the law does not prevent independent elected representatives from shifting their allegiance to support a new chief minister or coalition after the polls.
This would reduce the risk of a change in government or an election having to be called before the state assembly completes its five-year term, said Firoz,
Sabah’s volatile politics are well-documented.
In 1986, the Parti Bersatu Sabah (PBS) government was forced to call a snap election, just one year after coming to power, following the defection of several assemblymen to Usno. However, PBS was returned to power with an even larger majority the second time around.
PBS won again in 1994, but almost all of its assemblymen later defected to Barisan Nasional, leaving then chief minister Joseph Pairin Kitingan no choice but to resign.
More recently, in 2020, the Warisan-Plus government led by Shafie Apdal collapsed after 26 months in power, following defections that cost him his majority and triggered a snap election.
Lawyer Bastian Pius Vendargon said the legislation still leaves gaps that may still lead to power shifts.
He said the law has not effectively addressed situations where a group of assemblymen, while remaining in their parties, announce their support for a rival party, coalition or government.
However, he said it was legally acceptable for independent assemblymen to throw their support behind any party or coalition, irrespective of their own election pledges to voters.
Vendargon said the value of independent candidates would skyrocket if their numbers prove to be decisive in forming a government.
“The independents could demand powerful and influential positions in exchange for support,” he said.
A Sabah-based lawyer, however, said the 1.8 million voters have a crucial role to play at the ballot box to assure post-election stability.
“They must elect assemblymen to give a party or coalition a clear-cut majority so that there will not be undue delay in the appointment of the incoming chief minister,” said the lawyer, who declined to be named as he advises a contesting party.
Sabah will hold its 17th state election on Nov 29, with nominations set for this Saturday.
A simple majority of 37 seats out of 73 is needed to form the next state government.