KOTA KINABALU, Sept 8 — All parties should accept the Court of Appeal’s decision that dismissed the appeal brought by 33 assemblymen against a High Court ruling over the Sabah Yang Dipertua Negeri’s decision in dissolving the state legislative assembly on July 30.
Sabah Chief Minister Datuk Seri Mohd Shafie Apdal said the court had provided a platform for the parties concerned to have their voice heard.
“With that decision, the people of Sabah will carry out their responsibility and decide who will govern the state in the Sabah state election,” he said in a video posted on his Facebook page today.
The Court of Appeal also rejected a request for a stay of today’s ruling made by the 33 assemblymen pending an application for leave to appeal to the Federal Court.
The High Court, in dismissing the application of the 33 assemblymen on Aug 17, had ruled that Mohd Shafie had acted within the Sabah Constitution in requesting Tun Juhar to dissolve the state assembly and said the proclamation to dissolve the state assembly was constitutional and valid.
In their application for leave for the judicial review, the assemblymen had sought court orders to quash Mohd Shafie’s request to Tun Juhar to dissolve the assembly; quash the proclamation of the dissolution of the assembly; and quash the Sabah state government gazette notification on the dissolution.
The 33 elected representatives claimed on July 29 that they made up the majority in the state assembly and wanted Tun Juhar to swear in a new government which would oust the state government of Mohd Shafie.
Mohd Shafie, who is Semporna MP and incumbent assemblyman for Senallang, pre-empted Musa’s move by advising Tun Juhar to dissolve the state assembly, which had 65 members at that time, including five nominated assemblymen.
With this ruling, the state election will proceed as scheduled. The Election Commission has set Sept 12 for nomination and Sept 26 for polling. — Bernama