By Remy Majangkim
Did Warisan form the Sabah government through a backdoor in 2018? As we move closer to the state election, these critical points spark passionate discussions among senior politicians and activists.
To clarify, we must examine this question through the Sabah State Constitution, its definitions, and the election results. So what is the definition of a backdoor government?
In Malaysian politics, a “backdoor government” refers to a situation where a government assumes power not through a general election but through changes in the ruling coalition, often involving the defection or realignment of Assembly Members. (ADUN)
Here it is getting interesting and unique to Sabah. The appointment of the Chief Minister of Sabah is advised by the State Constitution under Article 6(3) with the addition of Article 6(7) to guide the TYT on its appointment further.
Article 6(3) – The Yang di-Pertua Negeri shall appoint as Chief Minister a member of the Legislative Assembly who, in his judgement, is likely to command the confidence of a majority of the members of the Assembly and shall appoint the other members mentioned in Clause (2) by the advice of the Chief Minister from among the members of the Assembly.
By reading together with Article 6(7) – For Clause (3) of this Article, where a political party has won a majority of the elected seats of the Legislative Assembly in a general election, the leader of such a political party, who is a member of the Legislative Assembly, shall be the member of the Legislative Assembly who is likely to command the confidence of the majority of the members of the Assembly. (both excerpts from the Sabah State Constitution)
The summary is that the appointment of the Chief Minister, through the majority, a leader of a political party (singular), and members of the legislative assembly.
Now let us see the results of the 2018 Sabah State Election. There are 60 seats up for grabs in this election, so we are focusing on the big winners and their remaining seats.
Warisan won 21 seats.
UMNO won by 17 seats.
PBS won by 6 seats.
UPKO won by 5 seats.
DAP won by 6 seats.
PKR won by 2 seats
STAR won by 2 seats.
PBRS won by 1 seat.
Constitutionally, Warisan was the clear winner in the 2018 Sabah State election, primarily due to the deeming provision under Article 6(7). In 2018, Warisan formed a coalition government by joining forces with DAP, PKR, and UPKO.
Historically, Article 6(7) was introduced by PBS to refine the appointment process for the Chief Minister and is often viewed as a measure against party-hopping. It is considered a unique addition to the legal framework.
Interestingly, the ruling state government has decided to abolish Article 6(7), paving the way for genuine political developments.
The 2025 Sabah State Election is set to be an intriguing event, with former allies in DAP, UPKO, STAR, PBRS, UMNO, and other new political parties uniting to halt the progress of Warisan in any form.
