Sarawak’s new chief minister is expected to be sworn in tomorrow as the state cannot function without a chief minister and there is no provision in the State Constitution that provides for an acting chief minister.

This was revealed by a reliable source well-versed with the state laws and system who said legally when the chief minister died or resigned the state cabinet had to resign or was deemed to have resigned.

Following the death of chief minister Datuk Patinggi Tan Sri Adenan Satem on Wednesday the state is now technically governed by a caretaker government hence  the urgency to appoint a new chief minister.

“Basically, there is no government governing the state when the chief minister has died until the new chief minister is appointed. While waiting for the new chief minister to be appointed, the present government is only a caretaker government.

“However, in a situation like this, by convention, the Head of State could appoint somebody to administer the state as caretaker government so that there is somebody in charge while waiting for the governing party to find a successor,” the source told The Borneo Post yesterday.

By convention, the chief minister should come from the largest party in the state that is Parti Pesaka Bumiputera Bersatu (PBB) which narrows Adenan’s potential successor to three names. Datuk Amar Abang Johari Tun Openg, Datuk Amar Douglas Uggah Embas and Datuk Amar Awang Tengah Ali Hasan.

Abang Johari is the party’s deputy president while Uggah and Awang Tengah are the senior vice presidents.

The source added that the Yang di-Pertua Negeri holds absolute discretion in the appointment of the new chief minister.

“Appointment of the chief minister is the absolute discretion of the Head of State. The exercise of his discretion cannot be challenged in the Court. That means, Tun (Tun Pehin Sri Abdul Taib Mahmud) is the one making the decision.”

Touching on the resignation of the cabinet following the resignation or death of the chief minister the source said there was a precedent set in Sabah when Tan Sri Pairin Kitingan resigned as chief minister in 1994.

“This was decided by the Court in 1994 when Tan Sri Pairin Kitingan resigned as chief minister due to the defection of his people. One of his ministers Datuk Amir Kahar Tun Mustapha was the deputy chief minister in Pairin’s cabinet.

“After Pairin resigned, he (Amir) wanted the Court to declare that he never resigned and still remain a deputy chief minister. But the Court in Sabah ruled that when Pairin resigns from his position, the rest of the cabinet must also be deemed to have been dissolved.

“This is so because the cabinet ministers were appointed on the advice of the chief minister who has resigned.”

Source:
courtesy of THE BORNEO POST

by Friday Phyllis Wong and Jonathan Chia,

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