Court ruling proves democracy still exists in Sabah – State AG

Brenndon

KOTA KINABALU: Today is proof that democracy still exists in Sabah, said State Attorney-General Brenndon Keith Soh.

He made the remark following the High Court’s dismissal of an application by Tan Sri Musa Aman and 32 other assemblymen for leave for judicial review of the Head of State’s decision in dissolving the State Assembly on July 30.

“The court found that the decision of the TYT was non-justiciable and that both the first and second respondents (TYT Tun Juhar Mahiruddin and caretaker Chief Minister Datuk Seri Panglima Mohd Shafie Apdal), acted within their constitutional powers and the constitutional limits.

“Therefore, there is nothing to suggest that there was a breach in the constitution of Sabah. Hence, the decision to grant a dissolution, the proclamation that was issued and signed, is not justiciable by the court,” said Brenndon.

There should now be no uncertainty as to whether a state election should continue or not, he said, adding that as there had not been any application for a stay and the court had dismissed the judicial review.

“These are matters of high policy, in which discretion is given to the TYT to decide as to whether or not to grant the dissolution and it was done properly, in accordance with the law. The dissolution is therefore valid and constitutional,” he said.

Brenndon went on to say that the democratic process for the state election to continue is now in place and the Election Commission has a duty to ensure that the election is held within 60 days from the date of the dissolution.

He added that although there is freedom of speech and the right to criticise constructively and have opinions, it is baseless and without merit if it borders on being threatening and abusive.

“The court’s decision should be respected by all the parties. At the end of the day, it is not about the lawyers or the parties in this case – it is about upholding the constitution of Sabah,” he said.

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