THE DAP N16 Luyang candidate Hiew King Cheu, who is also the DAP Sabah State Advisor Hiew King Cheu said that it is necessary to clarify on SAPP Yong Teck Lee’s statement because what he said on the position of the Prime Minister and Chief Minister are misleading.
The Federal and State Constitutions are very clear on the appointments of the Malaysian Prime Minister and Sabah Chief Minister as follows:
Constitution of Malaysia (Federal)
Article Number 43 (2) (a)
"The Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House."
Constitution of the state of Sabah
Chapter 2 (6) (3)
"The Yang di-Pertua Negeri shall appoint as Chief Minister a member of the Legislative assembly who in his judgment is likely to command the confidence of a majority of the members of the Assembly."
Chapter 2 (6) (7)
"For the purpose of clause (3) of this Article, where a political party has won a majority of the elected seats of the Legislative Assembly in a general election, the leader of such political party, who is a member of the Legislative Assembly shall be the member of the Legislative Assembly who is likely to command the confidence of the majority of the members of the Assembly."
In rebuttal to the statement by Yong Teck Lee (SAPP), it is important to read properly the article 6 (7) of the Sabah State Constitution in its totality whereby only on the grounds that the political party has won the majority of the elected seats in the assembly can the leader of such a political party be “likely to command the confidence of the majority of the Assembly”.
Therefore, it is very clear that Yong is trying to mislead the people of Sabah by partially quoting the particular sub-clause.
Hiew advices the people not to be misled and confused by what Yong had said in his statement. His explanation does not mean anything because, as per Article 43 (2) (a) of the Malaysian Constitution and Chapter 2 sub-clause 6 (3) and 6 (7) of the Sabah State Constitution, any person or leader of any political party, for that matter.
Who has the majority of the members of the House (Parliament) or State Assembly supporting him, shall be the Prime Minister (Parliament) of Malaysia or in the case of the Sabah State Assembly, the Chief Minister.
The clauses stated in the state and federal constitution is very clear, and as a learned person, Yong should be able to see clearly what is written there. He also said if SAPP were to win a majority of seats in the election, then the Constitution states that the Chief Minister shall be SAPP if he wins his own seat. What if SAPP does not win enough seat to meet the majority, will Yong consider requesting help from UMNO?