The debate surrounding the reinstatement of Article 6(7) of the Sabah Constitution has sparked discussions on the potential implications for the stability of the state assembly. Senior lawyer Datuk Roger Chin has weighed in on the issue, highlighting the complexity of the matter. According to Chin, clear legal language is crucial if the Article is to be reinstated in order to provide guidelines for forming a stable government.
In the 2018 case of Tan Sri Musa Hj Aman v Tun Juhar Mahiruddin & Anor And Another, the interpretation of Article 6(7) was at the center of the dispute. The argument revolved around the definition of „majority“ in the context of the Article, with implications for its potential reinstatement. The court ruled in favor of the ordinary meaning of „majority,“ requiring a party to win more than half the seats (absolute majority) to trigger the Article.
Chin emphasized that the removal of Article 6(7) last year has led to disputes over interpreting „majority,“ which could potentially result in instability. He suggested that reinstating the Article could promote stability by providing clear criteria for appointing the Chief Minister, reducing room for manipulation and conflict.
Some argue that reinstating Article 6(7) could limit the governor’s discretion in choosing the Chief Minister, potentially leading to instability, especially in situations involving coalitions or party-switching. However, Chin pointed out that the Article could actually enhance stability by upholding the legislature’s intent and ensuring that the Chief Minister reflects the will of the people as expressed through their votes.
State opposition Parti Warisan president Datuk Seri Mohd Shafie Apdal has expressed his intention to reinstate Article 6(7) if his party takes over the state government. He believes that the Article, introduced in 1990 by the Parti Bersatu Sabah government, should be read together with Article 6(3) to ensure that the appointment of the Chief Minister follows the democratic process.
On the other hand, state government lawyer Tengku Datuk Fuad Ahmad has raised concerns that reinstating Article 6(7) could trigger instability. He argued that the removal of the Article was intended to give the governor the flexibility to appoint a Chief Minister who commands the majority in the legislative assembly.
Ultimately, the decision on whether to reinstate Article 6(7) requires careful consideration of the potential benefits and drawbacks, taking into account the specific political landscape of Sabah. The ongoing debate underscores the importance of finding a balance between ensuring stability and upholding democratic principles in the state assembly.