KUALA LUMPUR, July 30 — Sabah Law Society (SLS) in highlighting the legal provisions relevant to the latest development in the state administration said that business of government must continue and that “ordinary matters of administration” must be addressed still despite the dissolution of the Sabah State Assembly.
SLS president Roger Chin explained that a caretaker government at state level operates until the election result which means either the incumbent party or coalition will retain power or until the new state government is appointed by the Tuan Yang di-Pertua Negeri of Sabah.
“A caretaker government is expected to conduct itself in accordance with a series of well — defined conventions that are administered by the State Secretariat, although there is no law compelling the caretaker government to do so.
“Hence the provisions allow for the normal operations of all government departments,” he said in a statement here.
Chin however said some restrictions on the conduct of the caretaker government are imposed according to caretaker conventions.
Among the restrictions imposed are major policy decisions, significant appointments, international negotiations and major contracts undertaking.
“The State Government will cease taking major policy decisions except on urgent matters and then only after formal consultation with the Opposition.
“The State Government will cease making major appointments of public officials, but may make acting or short-term appointments.
“The State Government ordinarily seeks to defer such major international negotiations, or adopts observer status, until the end of the caretaker period,” he said, adding that the caretaker government will also avoid entering major contracts or undertaking during the caretaker period.
He also called for members of the public to remain calm and allow the democratic process through elections to carry on so they could select the leaders of their choice to form the next state government.
Earlier today, Sabah Chief Minister Datuk Seri Mohd Shafie Apdal announced the dissolution of the State Legislative Assembly to pave the way for a state election, which has to be held within 60 days.
He made the announcement at the Sabah State Administrative Centre here after obtaining a signed letter of consent from Sabah Yang Dipertua Negeri Tun Juhar Mahiruddin.
This comes after former Sabah chief minister Tan Sri Musa Aman claimed that he has secured a simple majority to form a new state government in Sabah.
The Sabah State Legislative Assembly has 65 representatives, including five who are nominated. The simple majority is, therefore, 33 seats.
The current state government bloc has 45 seats in the assembly, while the Opposition has 20.
