By Tengku Datuk Fuad,
Constitutional and Public lawyer.
KOTA KINABALU: The decision of the 15 Bersatu Assemblymen to leave the party and become members of GRS directly does not affect the position of Datuk Seri Haji Hajiji Bin Haji Noor as Chief Minister.
This is because the GRS-BN coalition remains in tact with 46 members of the Assembly (ADUNs) in addition to the confidence and supply commitment of the 7 Pakatan Harapan ADUNs to support Hajiji as Chief Minister. It is also understood that KDM (3 ADUNs) and one independent stand in firm support of the GRS-BN government.
Based on these numbers, Hajiji clearly has the support of 57 ADUNs – a majority in the 79-member Assembly and thus continues to enjoy the confidence of the Assembly in accordance with Article 6(3) of the Sabah Constitution.
In reply to recent press statements by Darrell Leiking (Warisan), the 4 GRS MPs will not lose their seats as a result of leaving Bersatu. This is because the 4 MPs contested as Gabungan Rakyat Sabah (GRS) candidates in GE 15 and not as Perikatan Nasional or Bersatu candisdates. Therefore, there is no breach of Article 49A of the Federal Constitution since the 4 MPs were elected under GRS.
