Court of appeal to hear 33 Sabah assemblymen’s bid to stay dissolution ruling on Sept 7


THE Court of Appeal today fixed Sept 7 to hear an application by 33 assemblymen for a stay of the High Court’s ruling over the Sabah Yang Dipertua Negeri’s decision in dissolving the state legislative assembly on July 30.

A three-member bench chaired by Datuk Yaacob Md Sam set the same day to hear the appeal by the 33 assemblymen, who are led by former chief minister Tan Sri Musa Aman, against the Kota Kinabalu High Court’s decision on Aug 21.

The panel, which includes Justices Datuk P. Ravinthran and Datuk Wira Ahmad Nasfy Yasin, set the date after Musa’s counsel Tengku Fuad Tengku Ahmad told the panel that the Sabah Attorney-General’s Chambers (SAGC) and the Attorney-General’s Chambers  (AGC) only received a notice of motion for a stay of the High Court’s verdict last Friday, and they needed time to reply to the cause papers.

“We fix Sept 7 to hear an application for a stay and also the same day to hear the appeal to allow parties to update cause papers and affidavits,” said Justice Yaacob.

Last Friday High Court Judicial Commissioner Leonard David Shim dismissed the 33 assemblymen’s application for leave for a judicial review to challenge the decision of the Yang Dipertua Negeri in dissolving the state legislative assembly.

Shim ruled that the second respondent in the case – Sabah Chief Minister Datuk Seri Mohd Shafie Apdal – had acted within the Sabah Constitution in requesting the first respondent, Sabah Yang Dipertua Negeri Tun Juhar Mahiruddin, to dissolve the state assembly.

He also said the proclamation to dissolve the state assembly was constitutional and valid.