7-11 last time frogs can play SD trick on Sabahans

Posted: November 11, 2018 in Daniel John Jambun, Letter to Editor, Malaysian Politics, Musa Aman, North Borneo, Sabah, Sabah Politics, Sabah State Assembly GE13, Shafie Apdal
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Sarawak judge Yew Jen Kie’s 7-11 ruling allegedly misinterpreted the Sabah Constitution, denied the role of the state assembly, interfered in its prerogative and discretionary powers, and allowed frogs with statutory declarations (SDs) to decide on formation of government together with the Governor.

That’s the consensus in the court of public opinion.

If SDs can be considered, the judge failed to note that a reasonable time did not elapse between May 10 and May 12 when the frogs claimed to have lost confidence in Musa Aman.

The court should have said it won’t be party to an “illegality” and/or what reeked of “fraudulent” practices.

The SDs, she should have said, were tainted with all the elements of a conspiracy to overthrow a democratically-elected and lawfully established gov’t.

The courts generally look at whether it would be safe or otherwise to accept certain positions advocated by the parties in conflict.

In the case of the SDs by the frogs, it was certainly not safe for the court to accept them.

The Governor also should not have accepted them. Instead, he should have advised them to make their case at the state assembly, the right forum.

Rule BY Law is not Rule OF Law.

Rule OF Law basis of the Constitution.

The judge from Sarawak will be subject to scrutiny in the superior courts for the 7-11 ruling.

The Sabah Constitution must be upheld.

The judiciary should not interfere in the legislature.

The Governor should stay above the fray.

If the Governor had pointed the frogs after May 10 in the direction of the state assembly, there would be no 7-11. It’s besides the point that the state assembly was not in session.

The Governor can decide, in the wake of 7-11, whether to entertain frogs armed with SDs.

In future, he can be counted on to close the istana gates, and point the SD frogs in the direction of the state assembly.

7-11 is the last time the frogs can play their SD trick.

Rule of Law, basis of the Constitution, would be upheld.

If another group of frogs turn up tomorrow at the istana, armed with SDs, they won’t be entertained despite the 7-11 ruling.

The Governor will say, “I have discretionary powers mah!”

So, the 7-11 ruling is useless.

The SD Frogs would have to go to court to force the Governor to accept their self-serving and fraudulent claims. The superior courts would have to plug this loophole and restore the sanctity of the Sabah Constitution.

Daniel John Jambun

Human Rights Advocate

Tel: 010 878 6993


Borneo’s Plight in Malaysia Foundation (BoPiMaFo)

Sun 11 Nov 2018

Kota Kinabalu, Sabah, Borneo-Malaysia

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