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KOTA KINABALU: A unique provision in the Sabah Constitution that allows six people to become “instant YBs” is back in the spotlight.
The provision of Article 14 (c) of the state constitution provides for the appointment of six nominated members of the state assembly.
These appointments have been a topic of conversation among political circles in Sabah following Hajiji Noor’s swearing-in as prime minister after Gabungan Rakyat Sabah won 38 out of 73 seats in the state assembly.
With the GRS alliance comprising PPBM, BN and PBS with a slim majority, political experts hope that Hajiji will appoint six nominated members to further strengthen GRS against Warisan Plus in the assembly.
Successive ruling parties in Sabah have used the nominee arrangement to gain political advantage. Hajiji’s predecessor, Shafie Apdal de Warisan, appointed Upko president Wilfred Tangau as a nominated member and later appointed him deputy chief minister shortly after the 2018 general election.
Some in the Chinese community hope that Hajiji will appoint one or two of them to the nominated position and perhaps even a minister to represent them in Cabinet, since not a single Chinese GRS candidate won in the state elections on September 26. .
Lobbying has never been so intense
But the pressure is also on Hajiji to appoint one or two PAS representatives, which would give the Islamic party its first presence at the Sabah assembly.
Several groups in Sabah strongly oppose pressure from PAS leaders and their Muafakat Nasional partner, Umno, for such an appointment.
Political watchers here said lobbying for positions has never been so intense.
“What is even more unusual is that we now have leaders of Umno and PAS from the peninsula trying to dictate who should be appointed. This has many implications and some Sabahans wonder if this is a sign of more direct control by the GRS-led state government, ”said one observer.
Former Deputy Minister of State Pang Yuk Ming said it was time to review the original intention to have six nominated members.
“We should also ask ourselves if these six nominated positions are really needed today,” said Pang, noting that the salary and allowances for each of these unelected YBs could amount to RM15,000.
It was intended to ease the transition after independence.
A senior Sabah lawyer who has worked in the state government said that the post stipulated in article 14 (c) of the state constitution was supposed to be a limited-time provision following Sabah’s independence from British colonial rule in 1963 .
The original intention was to allow top officials to assist and guide the then inexperienced administration in a period when Sabah was unprepared for independence.
“That’s why the secretary of state, the state attorney general, the local government secretary, etc., were among the first nominated members of the House. That is why nominated members are not disqualified if they hold public office, “he said.
The provision was supposed to be repealed after a certain number of years after independence in accordance with article 71 of the Federal Constitution. Sarawak had a similar provision in its constitution, but it repealed it. However, Sabah has yet to take that step.
Pang, who is vice chairman of Parti Cinta Sabah, said the provision should be used for its intended purpose, for designated individuals who are capable or have the caliber to help the government.
He said the provision should no longer be used as a political tool to improve the ruling party’s position. He questioned the need for the appointment of nominated members to represent the interests of certain communities.
