Nation

Legally possible for non-Muslim to be Sabah governor, says lawyer

KOTA KINABALU: It is legal to appoint a non-Muslim as the next Yang Dipertua Negeri Sabah, or governor, says a Sabah lawyer.

Roger Chin said Article 2 of the Sabah Constitution set out the qualifications and disabilities of the governor.

"Article 2(1) of the Constitution says: a person who is not a citizen or is a citizen by naturalisation shall not be appointed as Yang Dipertua Negeri.

"Under Article 2(2) of the Constitution, the Yang Dipertua Negeri shall not hold any office of profit and shall not actively engage in any commercial enterprise.

"These are the only two things in the Constitution of Sabah. So legally speaking, it is possible," he told the New Straits Times.

Chin, who is also Sabah Law Society president, was commenting on Kadazandusun Cultural Association's (KDCA) proposal in nominating Huguan Siou (Kadazandusun paramount leader) Tan Sri Joseph Pairin Kitingan as the next Yang Dipertua Negeri.

Chin said according to Article 1(2) of the Sabah Constitution, there shall be a Sabah Yang Dipertua Negeri who is appointed by the Yang di-Pertuan Agong after consultation with the chief minister.

"Every governor is appointed for a term of four years."

Earlier today, KDCA secretary-general Suman Yasambun said the term of current governor Tun Juhar Mahiruddin was expected to end soon.

He said nominations for the post had to take into account the provisions of Article 1 of the Sabah Constitution, which does not stipulate the religious beliefs of the Sabah governor.

"This position is in line with one of Sabah's conditions for joining Malaysia in 1963 (MA63), where Sabah is free to religion."

Juhar has been the 10th Yang di-Pertua Negeri since 2011. He is expected to hold his official birthday celebration on Oct 1.

Born on Nov 5, 1953, in Kampung Tambisan, Sandakan, Juhar, who holds a bachelor's degree in law from Wolverhampton Polytechnic in England, served as a magistrate in 1982.

He was appointed assembly speaker in 2002 and held the position until 2010.

Tuaran member of parliament Datuk Seri Wilfred Madius Tangau said he supported the idea of nominating Pairin as governor.

"The state Constitution stated that everyone qualifies. Tan Sri Pairin, Huguan Siou, is qualified to be nominated as Yang Dipertua Negeri.

"There is nothing in the Constitution that disqualifies him. The Yang Dipertua Negeri in Sabah has no burden to be the leader of the Islamic religion in the state.

"The state Constitution has specified that the head of Islamic religion in Sabah is the Yang di-Pertuan Agong. Therefore, there is no obstacle."

Most Popular
Related Article
Says Stories