1. ) Tan Sri Musa Bin Haji Aman 2. ) Datuk Jahid @ Noordin Bin Jahim 1. ) 1. Tun Datuk Seri Panglima Haji Juhar Haji Mahiruddin 2. Datuk Seri Mohd Shafie Bin Haji Apdal 2. ) 1. Datuk Seri Mohd Shafie Bin Haji Apdal 2. Datuk Seri Panglima Ha

1. ) Tan Sri Musa Bin Haji Aman 2. ) Datuk Jahid @ Noordin Bin Jahim 1. ) 1. Tun Datuk Seri Panglima Haji Juhar Haji Mahiruddin 2. Datuk Seri Mohd Shafie Bin Haji Apdal 2. ) 1. Datuk Seri Mohd Shafie Bin Haji Apdal 2. Datuk Seri Panglima Ha

The Court admitted the fresh evidence but held the appeals were academic and dismissed both with costs; it ruled that the TYT acted within constitutional discretion, loss of confidence can be established by extraneous evidence (statutory declarations/interviews), refusal to resign after loss of confidence results in deemed vacation of office, and the appointment of Datuk Seri Mohd Shafie as Chief Minister was valid under Article 6(3).

Citation
S-01(NCvC)(A)-692-12/2018 & S-01(NCvC)(A)-693-12/2018 (Mahkamah Rayuan)
Parties
Appellant (692) / Plaintiff: Tan Sri Musa Bin Haji Aman; 1st Respondent (tyt) / 1st Defendant: Tun Datuk Seri Panglima Haji Juhar Haji Mahiruddin; 2nd Respondent (692) / 1st Respondent (693): Datuk Seri Mohd Shafie Bin Haji Apdal; Appellant (693) / Plaintiff: Datuk Jahid @ Noordin Bin Jahim; 2nd Respondent (693) / 2nd Defendant: Datuk Seri Panglima Haji Syed Abas Bin Syed Ali; 3rd Respondent (693) / 3rd Defendant: Datuk Bernard J. Dalinting; Watching Brief: Sabah Law Society (watching brief)
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
28 November 2019
Case Number
S-01(NCvC)(A)-692-12/2018 & S-01(NCvC)(A)-693-12/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Hearing and Judgment (appeal From High Court Dismissal of Originating Summonses)
Outcome
Preliminary objection allowed; appeals dismissed as academic; judgment of High Court upheld
Legal Topics
Appointment of Chief Minister, Loss of Confidence and No Confidence, Justiciability, Declaratory and Injunctive Relief, Admission of Fresh Evidence
Source Language
Malay/English
Constitutional Law Administrative Law Public Law Appointment of Chief Minister Loss of Confidence and No Confidence Justiciability Declaratory and Injunctive Relief Admission of Fresh Evidence

Case Brief

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Parties

Tan Sri Musa Bin Haji Aman

Appellant (692) / Plaintiff

Tun Datuk Seri Panglima Haji Juhar Haji Mahiruddin

1st Respondent (tyt) / 1st Defendant

Datuk Seri Mohd Shafie Bin Haji Apdal

2nd Respondent (692) / 1st Respondent (693)

Datuk Jahid @ Noordin Bin Jahim

Appellant (693) / Plaintiff

Datuk Seri Panglima Haji Syed Abas Bin Syed Ali

2nd Respondent (693) / 2nd Defendant

Datuk Bernard J. Dalinting

3rd Respondent (693) / 3rd Defendant

Sabah Law Society (watching brief)

Watching Brief

Procedural Posture

Civil Appeal / Court of Appeal Hearing and Judgment (appeal From High Court Dismissal of Originating Summonses)

Legal Issues

  1. 1 Whether the Yang di-Pertua Negeri (TYT) acted within constitutional power in dismissing the Chief Minister
  2. 2 Whether appointment of Datuk Seri Mohd Shafie as Chief Minister was ultra vires/null and void
  3. 3 Whether Tan Sri Musa had lost confidence of majority of State Assembly

Ratio Decidendi

The Court admitted the fresh evidence but held the appeals were academic and dismissed both with costs; it ruled that the TYT acted within constitutional discretion, loss of confidence can be established by extraneous evidence (statutory declarations/interviews), refusal to resign after loss of confidence results in deemed vacation of office, and the appointment of Datuk Seri Mohd Shafie as Chief Minister was valid under Article 6(3).

Court Disposition

Preliminary objection allowed; appeals dismissed as academic; judgment of High Court upheld

Orders

  • Fresh evidence (Senarai) admitted into appeal record
  • Both appeals dismissed with costs