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'Cannot take the KDMs for granted anymore'
Published on: Sunday, April 22, 2018

Kota Kinabalu: Parti Cinta Sabah (PCS) president Datuk Wilfred Bumburing is confident of winning many seats in areas dominated by KDMs.

"We gathered this from feedback as our political activities on the ground show that many people support our efforts.

"We are for regime change, he said, adding that Kadazandusun-muruts must have a strong voice and cannot be taken for granted anymore.

Bumburing spoke while waiting for the High Court hearing of the case he filed against the Chief Minister of Sabah, State Government of Sabah, the Legislative Assembly of Sabah and the Election Commission of Malaysia to settle the issue of the omission of 13 new state constituencies from the coming State elections.

He said his action was to avert a Sabah Constitutional crisis should the State elections go ahead with 60 seats and not 73 seats as stipulated in the Sabah Constitution.

The other plaintiffs in the suit are Kalakau @ Kalakan Untol @ Entol, Petrus Francis Guriting, Robert Sopining and Shalmon Sanangan.

On why he disregarded former PBS mentor-cum-Huguan Siou's call for unity, he said:

"Pairin disregards the people's voices. In a multi-racial party like the PBS, nowadays our voice is not heard, and acted upon sincerely. He is not obeying the people, not respecting the people," he said, recalling that while he was in PBS, protesting against the dominance of Umno with 32 state constituencies to contest out of 60 after the last delineation was disregarded.

Similarly Bumburing is disappointed with opposition Parti Warisan Sabah wanting to dominate the Pakatan Harapan (PH) seats allocation just like Umno. According to him, how could PCS be in the sincere working arrangement with the PH opposition parties when Warisan, without winnable candidates, also wanted to contest in some KDM seats that PCS considers its strongholds.

"They think they are strong (in KDM seats), but they would be disappointed. I met Datuk Shafie Apdal (Warisan Chief) a few times before his detention by the MACC. He was very accommodative to PCS (on KDM seats), but after his release, he was different, a changed man, wanting to contest even in seats my party is campaigning, unlike before."

He strongly believes no one political party should dominate the government of Sabah to avoid abuses in sham power sharing charade.

He called for a strong free media like in Indonesia which have the freedom to comment even on scandals in Malaysia that our leaders failed to voice out and without press freedom, the media could not highlight and make leaders accountable for their follies and abuses.

Bumburing believes his court case will not be an academic exercise in futility, as the State Elections can be held after the May 9, 2018 14th General Elections.

His lawyer Datuk Lawrence Thien said there is a 60-day period after the dissolution of the Sabah Legislative Assembly so the Parliamentary Elections can proceed on May 9, while the Sabah State Elections can be held after that not but later than June 7.

The government's lawyers had argued that the plaintiffs have no locus standi to file the legal suit, which is going to be an academic exercise.

The High Court judgment will be delivered on April 23, 2018 by Judge Azhahari Kamal Bin Ramli.

Bumburing and other plaintiffs seek a Court Declaration that the election of 60 elected members of the Legislative Assembly of Sabah without the Legislative Assembly of Sabah having first amended Article 14(2) of the Sabah State Constitution which provides for 73 elected members (which includes 13 additional elected members) vide Constitution of the State of Sabah (Amendment) Enactment 2016 is unconstitutional, null and void and of no effect in contravention of Article 14(2) of the Sabah State Constitution.

They also seek a Court Declaration that the election of elected members or election of 60 elected members of the Legislative Assembly of Sabah ought to be stayed until the Prime Minister tables the Election Commission Report regarding the 73 elected members (which includes the 13 additional elected members) of the Legislative Assembly of Sabah to the Dewan Rakyat and it approves the same in accordance with Section 9 and Section 10 or Section 11, as the case may be of the Thirteenth Schedule of the Federal Constitution.

Further, a Mandatory Order is sought directing the Election Commission to stay the conduct of election of the elected members or election of the 60 elected members of the Legislative Assembly of Sabah in the upcoming 14th General Election until the Prime Minister tables the Election Commission Report on the 73 elected members (which include the 13 additional elected members) of the Legislative Assembly of Sabah to the Dewan Rakyat and it approves the same in accordance with Section 9 and Section 10 or section 11, as the case may be of the Thirteenth Schedule of the Federal Constitution.

Also, an Order of Certiorari to quash the decision of the Election Commission in issuing writs of election for 60 Sabah State Constituencies for which members of the Legislative Assembly of Sabah are to be elected, is sought, and.

A Mandatory Order directing the Chief Minister of Sabah, State Government Of Sabah, and the Legislative Assembly Of Sabah to amend or cause to amend Article 14(2) of the Sabah State Constitution to revert the number of elected members of the Legislative Assembly of Sabah to its original number of 60 elected members prior to Constitution of the State of Sabah (Amendment) Enactment 2016, besides costs and other relief the High Court deems fit to grant. - David Thien

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