The Chief Minister of Sabah: Shafie Apdal of The Parti Warisan Sabah (Warisan) (The Sabah Heritage Party)…

13 May 2018

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Shafie Apdal is the lawful chief minister of Sabah

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COMMENT | It has been three days since a momentous GE14, yet the storm in the Land Below the Wind has yet to subside. In the 60-member assembly, Sabah BN won 29 seats while Warisan and Pakatan Harapan combined also won 29 seats.

The 2 remaining seats were won by Star, led by Jeffrey Kitingan, thus becoming king-makers in Sabah.

In a dramatic turn of events, Star – which was initially opposition-aligned – joined Sabah BN to form the state government.

Despite the widespread anger, on May 10, Musa Aman was sworn-in as the Sabah chief minister. The state cabinet was appointed on May 11 and quite coincidentally, Jeffrey Kitingan was appointed a deputy chief minister.

Before Musa Aman has even warmed the chief minister’s seat, it was later confirmed that six Sabah BN assemblypersons had joined Warisan and Pakatan Harapan.

Such is the zero-sum game of politics – Shafie Apdal as the de facto head of Warisan and Pakatan Harapan had thereby obtained a comfortable 35 member-majority in the Sabah state assembly.

Yesterday, Shafie Apdal was sworn in as chief minister before the Yang di-Pertua Negeri Juhar Mahiruddin. Importantly, it was reported that the Yang di-Pertua Negeri had asked Musa Aman to resign beforehand.

To date, Musa Aman and his cabinet have not resigned from office.

To many people, Musa Aman has not been “officially” removed as chief minister and thus Shafie Apdal’s appointment is questionable. A constitutional puzzle of having two concurrent chief ministers befuddles the citizenry.

How do we resolve this? In this respect, Article 7(1) of the Sabah State Constitution is crucial and reads: “If the chief minister ceases to command the confidence of a majority of the members of the legislative assembly, then, unless at his request the Yang di-Pertua Negeri dissolves the assembly, the chief minister shall tender the resignation of the members of the cabinet.”

Two critical questions arise. Question 1: Can Musa Aman’s loss of confidence be determined by the Yang di-Pertua Negeri in his own judgment, or must it be done by a vote in the Sabah state legislative assembly?

Question 2: If the former can be done, and such a loss of confidence has been established and accepted by the Yang di-Pertua Negeri, can Musa Aman and his cabinet be deemed to have resigned with immediate effect, thus paving way for Shafie Apdal?
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Thus, to answer Question 1, the Yang di-Pertua Negeri is capable of determining himself that Musa Aman had lost the confidence of the majority – it need not be expressed by a vote in the Sabah state legislative assembly.

As for Question 2, the Federal Court in Nizar Jamaluddin held: “Similarly here, on the literal interpretation of Art. XVI(6), we are of the view that the word ‘shall’ should be given a mandatory effect. Therefore, it is incumbent upon the appellant in the circumstances of this case to tender the resignation of the executive council. The term Executive Council by definition includes the MB. (See art. XVI(2)).
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In short, once the Yang di-Pertua Negeri accepts in his own judgment that Musa Aman has lost the confidence of the majority, and has further asked him to resign, Musa Aman and his cabinet are legally deemed to have resigned with immediate effect.

As such, there was no chief minister and cabinet before Shafie Apdal’s appointment on May 12.

As night follows day, Shafie Apdal is therefore constitutionally and legitimately appointed as Sabah chief minister.


LIM WEI JIET is an advocate and solicitor of the High Court of Malaya and deputy chair of the Bar Council’s constitutional law committee.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

https://www.malaysiakini.com/news/424586

The Sabah Heritage Party or Malay: Parti Warisan Sabah is a Sabah-based-opposition party. The party was formed in 17 October 2016, founded by Darrell Leiking and Shafie Apdal. The party was formerly named as Parti Pembangunan Warisan Sabah.Wikipedia
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Datuk Seri Haji Mohd. Shafie bin Haji Apdal is a Malaysian politician. He was the federal Minister of Rural and Regional Development and currently serves as the Member of Parliament for Semporna, Sabah.Wikipedia
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Mohd Shafie is defending the parliamentary seat of Semporna and also contesting the state seat of Senallang in the 14th general election.

8 May 2018

Bid to stop Shafie from contesting in GE14 dismissed

Published on  |  Modified on

GE14 | The High Court in Kota Kinabalu today dismissed an application for a judicial review to stop Parti Warisan Sabah president Mohd Shafie Apdal from contesting in the 14th general election tomorrow.

Justice Azhahari Kamal Ramli made the decision on an ex-parte application filed on April 17 by Semporna Umno committee member Mohd Ainal Abdul Fattah, 68, Bernama reported.

Mohd Ainal had named the Election Commission as the first respondent and Mohd Shafie as the second.

The judge heard arguments from the lawyers for both sides yesterday and set today to deliver his verdict.

https://www.malaysiakini.com/news/423664

29 April 2018

Heavyweights face off in hot seat Semporna

April 29, 2018

Warisan leader Shafie Apdal goes for a sixth term, with opposition from state assistant finance minister Ramlee Marahaban.

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SEMPORNA: Two Sabah heavyweights, Shafie Apdal and Ramlee Marahaban, are vying for the hot parliamentary seat of Semporna, with both confident that they will be the voters’ choice on May 9.

Shafie is seeking a sixth term in the Muslim-majority seat in Sabah’s east coast. Against him is Ramlee, a former Umno comrade, who is assistant state finance minister.

They are joined by Abdul Nasir Abdul Raub (PAS) and Asmara Asmad of Parti Harapan Rakyat Sabah.

Ramlee, who is Sabah Umno deputy information chief, said the people of Semporna were mature enough to practise true democracy.

“We saw Semporna people’s support during the procession with BN’s candidates from the mosque to the community hall nomination centre,” he said. “The support from the people in blue shirts really convinced me of a win.”

Ramlee said the four-cornered contest would make it easier for BN to set their strategy.

However, Shafie said Sabah people, particularly those in Semporna, could judge for themselves and choose wisely. “Wherever in Sabah I went to give a talk, people would patiently wait without expecting anything,” he said.

Nevertheless, attendances at events were not a yardstick. “What matters is the votes,” he said.

http://www.freemalaysiatoday.com/category/nation/2018/04/29/heavyweights-face-off-in-hot-seat-semporna/

21 October 2017

16h16 hours ago

If not Dzulkifli, who ordered the MACC to arrest Shafie Apdal and 10 other Warisan leaders?

 

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10 October 2017

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As Warisan nears its first anniversary, some are interpreting the arrests of Shafie’s key men as a sign that the party is now seen as a threat. 

Alyaa Azhar

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The arrests of two top Parti Warisan Sabah (Warisan) leaders in relation to a probe by MACC does not seem to be putting a damper on the morale of party supporters.

Instead, the number of Warisan supporters coming out in solidarity with the party’s leaders seems to have increased, as observed at the Kota Kinabalu court complex today.

Hundreds thronged the court complex as they waited for Warisan Youth chief Mohd Azis Jamman, who was slapped with a five-day remand order, and vice-president Peter Anthony, whose remand order was extended for a further three days after the original five.

The duo’s arrests are said to be in relation to MACC’s probe into funds allegedly misappropriated from projects meant to be carried out by the Rural and Regional Development Ministry.

Party president Mohd Shafie Apdal had helmed the ministry, before he was sacked after a Cabinet reshuffle two years ago.

As Warisan nears its first anniversary, some are interpreting the arrests of Shafie’s key men as a sign that the party is now seen as a threat.
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Read more at https://www.malaysiakini.com/news/397909#YvVIfi2l6Zzcsege.99

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4h4 hours ago

Report: MACC hauls up ‘s brother for questioning
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The MACC has hauled up the younger brother of Parti Warisan Sabah president Mohd Shafie Apdal over the alleged siphoning of rural development funds meant for Sabah.

According to Star Online, Hamid Apdal turned up at the Sabah MACC office in Kota Kinabalu at 10am today after the commission failed to locate him when they visited his house last night.

The news portal reported that Hamid is believed to be part of the investigations as authorities look into the skimming of funds through a network of at least 60 companies given rural projects in the state.

Sources told the portal that at least two Sabah assemblypersons and another senator are expected to be called in to give their statements.

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Read more at https://www.malaysiakini.com/news/397881#URdfBlC2RMiftBk7.99

21 August 2017

Police investigate post portraying Shafie Apdal as MACC detainee

August 21, 2017

Shafie and his Warisan vice-president Peter Anthony were seen in a picture allegedly edited to show them dressed in the orange T-shirts worn by MACC detainees.
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KOTA KINABALU: Police are investigating a report made by Parti Warisan Sabah (Warisan) over an online article and an edited image portraying its president Shafie Apdal as a detainee of the Malaysian Anti-Corruption Commission (MACC).

In the police report, Sepanggar Youth chief Norazmi Alimat said a Facebook post on Saturday by a user named Hafizi Harris had falsely claimed that Shafie and vice-president Peter Anthony were arrested by the MACC.

The post allegedly shared an entry on www.masterdedah.com, also dated Saturday, which showed images apparently edited to show the duo dressed in the orange T-shirts usually worn by MACC suspects during court proceedings.

City police chief ACP Chandra Muthu, when contacted, said investigations had been commenced under Section 500 of the Penal Code for libel and under Section 233 of the Communications and Multimedia Act for improper use of network facilities or services.

Chandra said police are in the process of identifying the owners of the Facebook and website accounts through the Malaysian Communications and Multimedia Commission.

http://www.freemalaysiatoday.com/category/nation/2017/08/21/police-investigate-post-portraying-shafie-apdal-as-macc-detainee/

‘Warisan is hottest new party in Sabah’

June 10, 2017

Youth chief Aziz Jamman believes Sabahans will give the party the mandate come election time, with membership numbers expected to breach 100,000 soon.

 

KOTA KINABALU: Parti Warisan Sabah (Warisan) Youth chief Aziz Jamman said the party is the “hottest” new party in the state with members now numbering almost 100,000 as of last month.

Less than a year old, the fledgling party led by former federal minister Shafie Apdal has taken wing and is now soaring with its moves to recruit members, including organising roadshows across Sabah.

“We have distributed 500,000 membership application forms and as of the middle of May, our party membership is close to 100,000. So there are around 400,000 more forms to be returned,” Aziz told FMT.

Shafie was sacked from the cabinet in July 2015 and quit Umno in July 2016, before announcing that he would helm a new party in Sabah.

The Semporna MP declined to join PPBM, the federal-based party formed by sacked deputy prime minister Muhyiddin Yassin and former prime minister Dr Mahathir Mohamad, saying he preferred a Sabah-centric platform.

Warisan was unveiled last October, with a name change after Shafie took over an existing party and recruited several leaders from other opposition parties, including Darell Leiking of PKR and Junz Wong of DAP.

The four-party opposition coalition Gabungan Sabah (United Sabah Alliance) recently said it was unfazed by Warisan’s heavy recruitment but opened its arms for the lone opposition party to come into its fold to consolidate the opposition’s strengh to topple ruling coalition Barisan Nasional (BN) in the upcoming election.

http://www.freemalaysiatoday.com/category/nation/2017/06/10/warisan-is-hottest-new-party-in-sabah/

 

16 April 2017 | MYT 4:20 PM

DPM wants Sabah BN to snuff out Warisan challenge

SEMPORNA: Barisan Nasional is taking proactive action in dousing the “sporadic fires” created by opposition Parti Warisan Sabah in the state.

Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi (pic) said Barisan’s people-oriented development programmes will be further increased to fight the “fires” sparked by former Umno vice-president Datuk Seri Mohd Shafie Apdal, who now leads Warisan.

“It is not about we being firefighters here. The fire needs to be extinguished completely,” he said when asked about the emerging challenge from the Semporna MP’s party.

He said he is confident that the state Barisan and Umno leadership will address the issues raised and convince the people that Barisan is the only party that can safeguard their future.

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Read more at http://www.thestar.com.my/news/nation/2017/04/16/dpm-wants-sabah-bn-to-snuff-out-warisan-challenge/#ZYcMeX1HyU8ucXxW.99

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