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Chief Minister of Sabah

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Chief Minister of Sabah
Ketua Menteri Sabah
since 29 September 2020
Government of Sabah
StyleThe Most Honourable
StatusHead of Government
Member ofCabinet of Sabah
Reports toSabah State Legislative Assembly
ResidenceSeri Gaya, Kota Kinabalu, Sabah
Seat32nd and 33rd Floor, Sabah State Administrative Centre, 88502 Kota Kinabalu, Sabah
AppointerJuhar Mahiruddin
as Yang di-Pertua Negeri of Sabah
Term length5 years or less, renewable once (while commanding the confidence of the Sabah State Legislative Assembly
With State Elections held no more than five years apart)
Constituting instrumentConstitution of the State of Sabah
Inaugural holderFuad Stephens
Formation16 September 1963; 61 years ago (1963-09-16)
DeputyJeffrey Kitingan
Joachim Gunsalam
Shahelmey Yahya
Websitewww.sabah.gov.my/cm/

The chief minister of Sabah is the head of government of Sabah, Malaysia. Since September 2020, the position has been held by Hajiji Noor from the Parti Gagasan Rakyat Sabah (Gagasan Rakyat) from the coalition of Gabungan Rakyat Sabah (GRS) which had won the 2020 Sabah state election. As in other parts of the Malaysian federation, the Westminster Parliamentary system is adopted, whereby, the leader of the party with the most seats in the state legislature would usually become the chief minister of Sabah. In other words, it is the person commanding the support of the state legislature. The chief minister is appointed by the head of state known as the Yang di-Pertua Negeri. In comparison to other states in Malaysia, the office of the chief minister of Sabah has been held by a more diverse group of people in terms of ethnicity and religion. The post has been held by Kadazan-Dusuns, Bajaus, Malays, Chinese, Muruts, Rungus, Sungai, Idaans, and other persons of mixed heritage as well as being Muslims, Buddhists and Christians.

Rotation system: 1994–2004

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The rotation system was used in the state of Sabah as a means to divide and share power among the three main communities of the state—the Christian Bumiputras, the Muslim Bumiputras, and the Chinese people—represented by various political parties within the Barisan National coalition supposedly representing the interests of those communities. The system was introduced by the then Prime Minister of Malaysia Mahathir Mohamad[1] when the ruling coalition party, Barisan Nasional, formed government despite losing in the 1994 state elections. This occurred due to defections which took place by elected representatives of Parti Bersatu Sabah (PBS), the party which won the election. Among the defectors were Bernard Dompok, who later became the chief minister himself and Joseph Kurup.

The system provided that the chief ministerial post will be held by a leader from one of the three communities for two years, and then the post will be passed on to another leader representing another community. The first chief minister under this system was Sakaran Dandai from the party United Malays National Organisation (UMNO) in 1994. Sakaran did not complete his two-year tenure and was replaced by Salleh Said Keruak, also from UMNO. In 1996, Yong Teck Lee from Sabah Progressive Party (SAPP) became next chief minister. Bernard Dompok then became the next chief minister representing the Christian Bumiputra community in 1998. His tenure lasted until 1999.

Appointment

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Source: Constitution of the State of Sabah
According to the state constitution, the Yang di-Pertua Negeri of Sabah shall first appoint the chief minister to preside over the Cabinet and requires such chief minister to be a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly and must not a Malaysian citizen by naturalisation or by registration. The Yang di-Pertua Negeri on the chief minister's advice shall appoint not more than ten nor less than four Ministers from among the members of the Legislative Assembly.

The chief minister and his cabinet ministers must take and subscribe in the presence of the Yang di-Pertua Negeri the oath of office and allegiance as well as the oath of secrecy before they can exercise the functions of office. The Cabinet shall be collectively responsible to the Legislative Assembly. The members of the Cabinet shall not hold any office of profit and engage in any trade, business or profession that will cause conflict of interest.

If a government cannot get its appropriation (budget) legislation passed by the Legislative Assembly, or the Legislative Assembly passes a vote of "no confidence" in the government, the chief minister is bound by convention to resign immediately. The Yang di-Pertua Negeri's choice of replacement chief minister will be dictated by the circumstances. Ministers other than the chief minister shall hold office during the pleasure of the Yang di-Pertua Negeri, unless the appointment of any Minister shall have been revoked by the Yang di-Pertua Negeri on the advice of the chief minister but may at any time resign his office.

Following a resignation in other circumstances, defeated in an election or the death of a chief minister, the Yang di-Pertua Negeri will generally appoint as chief minister the person voted by the governing party as their new leader.

Powers

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The power of the chief minister is subject to a number of limitations. Chief ministers removed as leader of his or her party, or whose government loses a vote of no confidence in the Legislative Assembly, must advise a state election or resign the office or be dismissed by the Yang di-Pertua Negeri. The defeat of a supply bill (one that concerns the spending of money) or unable to pass important policy-related legislation is seen to require the resignation of the government or dissolution of Legislative Assembly, much like a non-confidence vote, since a government that cannot spend money is hamstrung, also called loss of supply.

The chief minister's party will normally have a majority in the Legislative Assembly and party discipline is exceptionally strong in Sabahan politics, so passage of the government's legislation through the Legislative Assembly is mostly a formality.

Caretaker chief minister

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The legislative assembly unless sooner dissolved by the Yang di-Pertua Negeri with His Excellency's own discretion on the advice of the chief minister shall continue for five years from the date of its first meeting. The state constitution permits a delay of 90 days of general election to be held from the date of dissolution and the legislative assembly shall be summoned to meet on a date not later than 120 days from the date of dissolution. Conventionally, between the dissolution of one legislative assembly and the convening of the next, the chief minister and the cabinet remain in office in a caretaker capacity.

List of chief ministers of Sabah

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The following is the list of chief ministers of Sabah since 1963:[2]

Colour key (for political parties):
  Sabah Alliance/BN   BERJAYA   PBS   WARISAN (allied with Pakatan Harapan)   GRS

No. Portrait Name
(Birth–Death)
Constituency
Term of office Party[a] Election Assembly
Took office Left office Time in office
1 Tun Datuk Seri Panglima Haji
Fuad Stephens
(1920–1976)
16 September
1963
31 December
1964
1 year, 107 days Sabah Alliance
(UPKO)
1st
2 Tan Sri Datuk
Peter Lo Su Yin
(1923–2020)
1 January
1965
12 May
1967
2 years, 132 days Sabah Alliance
(SCA)
2nd
3 Tun
Datu Mustapha Datu Harun
(1918–1995)
MLA for Bengkoka-Banggi
12 May
1967
1 November
1975
8 years, 174 days Sabah Alliance
(USNO)
1967 3rd
1971 4th
BN
(USNO)
4 Tun
Mohammad Said Keruak
(1918–1995)
MLA for Usukan
1 November
1975
18 April
1976
170 days BN
(USNO)
5 Tun Datuk Seri Panglima Haji
Fuad Stephens
(1920–1976)
MLA for Kiulu
18 April
1976
6 June
1976
50 days BERJAYA 1976 5th
6 Tan Sri Datuk Seri Panglima
Harris Salleh
(born 1930)
MLA for Tenom
6 June
1976
22 April
1985
8 years, 321 days BN
(BERJAYA)
1981 6th
7 Tan Sri Datuk Seri Panglima
Joseph Pairin Kitingan
(born 1940)
MLA for Tambunan
22 April
1985
17 March
1994
8 years, 330 days PBS 1985 7th
BN
(PBS)
1986 8th
GR
(PBS)
1990 9th
1994 10th
8 Tun Datuk Seri Panglima
Sakaran Dandai
(1930–2021)
MLA for Sulabayan
17 March
1994
27 December
1994
286 days BN
(UMNO)
9 Datuk Seri Panglima
Salleh Said Keruak
(born 1958)
MLA for Usukan
27 December
1994
28 May
1996
1 year, 154 days BN
(UMNO)
10 Datuk Seri Panglima
Yong Teck Lee
(born 1958)
MLA for Likas
28 May
1996
28 May
1998
2 years, 1 day BN
(SAPP)
11 Tan Sri Datuk Seri Panglima
Bernard Giluk Dompok
(born 1949)
MLA for Moyog
28 May
1998
14 March
1999
291 days BN
(PDS)
12 Tan Sri Datuk Seri Panglima
Osu Sukam
(born 1949)
MLA for Kawang
14 March
1999
27 March
2001
2 years, 14 days BN
(UMNO)
1999 11th
13 Tan Sri Datuk Seri Panglima
Chong Kah Kiat
(born 1948)
MLA for Kudat
27 March
2001
27 March
2003
2 years, 1 day BN
(LDP)
14 Tan Sri Datuk Seri Panglima
Musa Aman[note 1]
(born 1951)
MLA for Sungai Sibuga
27 March
2003
12 May
2018
15 years, 47 days BN
(UMNO)
2004 12th
2008 13th
2013 14th
2018 15th
15 Datuk Seri Panglima
Mohd Shafie Apdal[13]
(born 1956)
MLA for Senallang
12 May
2018
29 September
2020
2 years, 141 days WARISAN
16 Datuk Seri Panglima Haji
Hajiji Noor
(born 1955)
MLA for Sulaman
29 September
2020
Incumbent 4 years, 34 days GRS
(BERSATU)
2020 16th
GRS
(GAGASAN)
  1. ^ This column names only the Chief Minister's party. The state government he heads may be a complex coalition of several parties and independents; those are not listed here.

See also

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Notes

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  1. ^ Musa stressed that he is still the Chief Minister despite his position has been disputed since 11 May 2018 in the aftermath of 2018 Sabah state election after losing majority seats following the crossover of Barisan Nasional (BN) party state seats members to Sabah Heritage Party (WARISAN).[3][4][5][6] Article 7(1) of the Sabah State Constitution also expressly stipulates that if the Chief Minister ceases to command the confidence of a majority of the members of the Legislative Assembly, then, unless at his request the Head of State (TYT) dissolves the Assembly, the Chief Minister shall tender the resignation of the members of the Cabinet. In the present situation, WARISAN had more assemblymen than BN after six BN assemblymen agreed to join the WARISAN coalition. Hence, by virtue of the said Article 7(1), Musa has ceased to command the confidence of a majority of the members of the Legislative Assembly and should have tendered his resignation.[7][8] Furthermore, according to Shafie, the TYT had requested for Musa to step down but still did not doing so.[9][10] He was then issued a letter from the TYT that he is no longer the Chief Minister effective from 12 May 2018 that was delivered into his residence on 14 May 2018.[11][12]

References

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  1. ^ "Rotation discontinued after landslide BN election victory". Daily Express (Malaysia). 1 January 2005. Archived from the original on 26 September 2013. Retrieved 25 October 2009.
  2. ^ "Sabah". WorldStatesmen.org. Retrieved 20 April 2011.
  3. ^ Katrina Khairul Azman (11 May 2018). "Disappointed Sabahans Stage Protest After Jeffrey Joins BN To Form State Govt". Says.com. Retrieved 12 May 2018.
  4. ^ Alyaa Azhar (10 May 2018). "Despite protests, Musa Aman sworn in as Sabah CM". Malaysiakini. Retrieved 12 May 2018.
  5. ^ Alyaa Azhar (11 May 2018). "Shafie: We don't recognise Sabah government's legitimacy". Malaysiakini. Retrieved 12 May 2018.
  6. ^ Avila Geraldine; Norasikin Daineh (11 May 2018). "Warisan now has 35 seats, enough to form state government: Shafie [NSTTV]". New Straits Times. Retrieved 12 May 2018.
  7. ^ Suraini Andokong (13 May 2018). "Shafie's appointment constitutionally valid – lawyer". The Borneo Post. Retrieved 13 May 2018.
  8. ^ "Constitution of the State of Sabah [LIST OF AMENDMENTS]". State Government of Sabah. Retrieved 13 May 2018.
  9. ^ Rodelio Junjun Taucan (12 May 2018). "Tun Juhar arah Musa letak jawatan". Utusan Malaysia (in Malay). Archived from the original on 12 May 2018. Retrieved 13 May 2018.
  10. ^ Ruzaini Zulkepli (13 May 2018). "Warisan tidak akan sama dengan UMNO - Shafie Apdal" (in Malay). Astro Awani. Retrieved 13 May 2018.
  11. ^ "Istana serah surat kepada Musa" (in Malay). Berita Harian. 14 May 2018. Retrieved 14 May 2018.
  12. ^ Samantha Khor (14 May 2018). "[BREAKING] Musa Aman Is No Longer Chief Minister Of Sabah". Says.com. Retrieved 14 May 2018.
  13. ^ Sadho Ram (12 May 2018). "Sabah Musical Chairs To End With Shafie Swearing In As Chief Minister Tonight". Says.com. Retrieved 12 May 2018.