KOTA KINABALU: An assemblyman has proposed bringing back the repealed Article 6(7) of the Sabah Constitution for a clearer process regarding the formation of the state government after an election.
Assafal Alian (Warisan-Tungku) said he had concerns about the process of forming the current state government after the Nov 29 polls.
"I am not questioning the legitimacy of the state government, but I am concerned about the process of how it was formed," he said when winding up his debate on the 2026 state budget on Tuesday (Dec 16).
ALSO READ: Repeal of Article 6(7) of Sabah Constitution timely and proper, says lawyer
He found the 3am swearing-in (of Chief Minister Datuk Seri Hajiji Noor) and discrepancies of support displayed by some assemblymen, who went back and forth on their stand, as cause for concern.
He also cited some representatives' actions of saying that they could support whomever they wanted.
Assafal said a provision in law for assemblymen to declare their support in the legislative assembly would clear up any confusion.
"It is not right to just sign statutory declarations or state their stand via media statements; support should be pledged in this august hall," he added.
He said restoring the repealed Article would make it clear which party or coalition would form a new government.
Article 6(7), which was repealed in May 2023, specifies that the leader of the party winning a majority of elected seats is most likely to command the confidence of the assembly through a simple majority.
Its repeal now gives the Yang di-Pertua Negeri more discretion under Article 6(3) to appoint the leader most likely to command confidence.
ALSO READ: Sabah's 1985 'power grab' may be repeated with removal of article from state constitution, says Warisan leader
Earlier, Assafal commended the new state government for rebranding several ministries and reinstating the functions of the health and education portfolios.
"This means the state government acknowledges that a previous decision to abolish the two related ministries (which were introduced by Parti Warisan when it administered the state from 2018 to 2020) was a wrong decision," he said.
Assafal also urged the state to see that its rights under the Federal Constitution are honoured, to take note of climate change and intervention measures, improve state-federal coordination in disaster management, and speed up infrastructure development for the sake of the people.
Article 6(7) was introduced by the Parti Bersatu Sabah (PBS) government under former chief minister Tan Sri Joseph Pairin Kitingan after the 1985 state elections.
It was established to guide the Sabah Yang di-Pertua Negeri (TYT) in selecting a rightful chief minister after an election.
After it was repealed by a two-thirds majority vote in 2023, a Warisan leader said a repeat of the "1985 power grab" during Pairin's time could occur.
However, the state government's legal adviser at the time said that Article 6(7) was unclear in terms of its application, with "political party" and "majority" left undefined.
He said the article only contemplated a two-party system where one party wins more seats than the other, and not a multi-party democracy where no single party could win a majority.
