Unlimited TYT term is questionable

Unlimited TYT term is questionable

According to the Chief Minister of Sabah Datuk Sri Mohd Shafie Apdal the “ no limit to TYT’s term” in the Sabah Constitution was just to restore to the original constitution as set out in the Malaysia Agreement 1963. (DE 14/12/2018)

So the amendment does look good when the present TYT’s term is due to expire this month.

Does it really look good after what happened in the alleged drama in the Istana over the appointment of Chief Minister soon after the latest GE 14 held on 9^th May, 2018.  The case over who is the rightful CM is still in Court pending appeal.

With the latest term to be unlimited, how would TYT deal with that Court case should Tan Sri Musa Aman is returned to be the rightful CM?  Anything can happen thereafter.

What if Musa decide to remove the incumbent TYT, how would he do it ?  Before Musa could do that he needs to be sworn in first by the TYT and so what could happen?  Not another drama in the Istana possibly in contempt of Court?  Whatever happen Sabah is always the loser in many circumstances as in the past in several disputes of CM started in 1965 and in 1967.

Looking at the amendment from another angle, I hope Shafie would also revert several amendments of the Sabah Constitution by the USNO Government especially on religion and English so as to restore them like what is to the TYT’s term.  Were the amendments in USNO tenure really above board?  The USNO era had been described as the “dark ages”.

The said amendments on those two items are still very much regretted and challenged by certain quarters.  Even the oath stone is given much prominence.

Coming back to the appointment of present TYT based on the amended constitution in 1987, is it not normal that every appointment be it whatever position and more so official ones be stipulated in the instrument of appointment of the length of appointment? So can anyone imagine an open appointment without limit for bad governance? The higher we go it is imperative that good governance should be emphasised.

Is it a bad omen of sort that in Daily Express on December 15, 2018 ( the next day after TYT term as unlimited) and from the archive page 13 that Tun Mustapha was appointed Governor or TYT for two years beginning from Malaysia Day September16, 1963?  So even the first Governor has his term stipulated despite the Sabah constitution in article 2.

So now why the special treatment for the present TYT?  Do we smell a dead rat? 

With the “ no limit to TYT’ term”, it can present constitutional crisis as to how to remove or terminate the service of any TYT in an questionable scenario? Can any TYT stay for life or as long as such holder insist even committing certain undesirable acts? 

You mean TYT is an angel good fellow forever and unlikely to be tainted in any way?

Take the glaring example of Musa Aman as the longest sitting CM since 2003 to 2018 despite an earlier questioned rotating two years term for several CMs with one only for nine months from 1994. Nobody even dare to curtail the 15 years term of Musa Aman despite several major corruption reports against him while in office. Musa now out of office had been charged many counts of undesirable acts committed while in office.

In good faith and in good governance, how can a legal stipulation in an appointment of two terms of 4 years be removed at the end of that period by back dating such ceremonial office making it in disrepute of the highest office?

Should not the present TYT now resign with good standing?

The amended clause can only apply to future or incoming TYT but how to remove any if found to be incapable? The Mustapha case should remain the guideline.

Joshua Y C Kong.  18/12/2018