PUTRAJAYA: The Federal Court has adjourned a scheduled Nov 19 hearing by 33 ex-Sabah assemblymen who want to challenge the consent given by State Governor Tun Juhar Mahiruddin to dissolve the State Legislative Assembly last July.
Apex court deputy registrar Azniza Mohd Ali, in a letter, said the postponement sought by the Governor, former Sabah Chief Minister Datuk Seri Shafie Apdal and the State Government, was allowed following an application by their lawyers.
In a letter to the lawyers which was sighted by FMT, Azniza said a new date would be fixed and parties would be informed.
The 33, including ex-Chief Minister Tan Sri Musa Aman, had filed for leave to appeal in the Federal Court against a Sept 8 Court of Appeal decision.
It is unclear why the November date was vacated and why the 33 applicants wanted to proceed with the matter despite the Shafie-led Warisan government having been ousted in the Sabah elections on Sept 26.
The Court of Appeal had upheld a High Court ruling to refuse leave for judicial review to challenge the Governor’s decision to call for a snap election.
Juhar had allowed then Chief Minister Shafie’s request to dissolve the house on July 30 to pave the way for the State polls.
A three-member Court of Appeal bench chaired by Datuk Abdul Karim Abdul Jalil said there was no appealable error by judicial commissioner Leonard David Shim in refusing the leave application for judicial review on Aug 21.
He added Juhar’s decision was non-justiciable (cannot be challenged in court) and the dissolution was not amenable to judicial review.
Musa and the 32 former reps took the position that Shafie could not advise the Governor to dissolve the house as he had lost the majority support of the state assemblymen.
Musa, who was then Sungai Sibuga Assemblyman, attempted to form a government with the support of 32 other State reps.
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