The case for a non-Muslim Sabah TYT
Published on: Sunday, October 09, 2022
By: Datuk Teddy Chin
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Tan Sri Joseph Pairin Kitingan
I say “bombshell” because since the formation of Malaysia in 1963, the Governor has always been a Muslim by convention.
Suman, a lawyer, in announcing KDCA’s “nomination”, said there is nothing in the State Constitution that says that the Head of State must be a Muslim.
His view was echoed by Upko president Datuk Seri Panglima Wilfred Madius Tangau who pointed out that the Yang di-Pertuan Agong (King) and not the TYT is now the Head of the Islamic religion in Sabah.
With that, I think we can safely assume that the requirement for the Sabah Governor to be a Muslim is an unwritten law or based on assumption only.
I must say that Tangau’s statement came as a surprise to me, now that Upko is in Pakatan Harapan led by Anwar. Nevertheless, his statement is most welcome. Anyway, for the record, Tangau is a KDCA member. This is what KDM unity is all about.
Before I go further, let us first look at who the Sabah TYT, past and present were.
The first Sabah Governor or TYT or Head of State was the late Tun Datu Hj Mustapha bin Datu Harun, the then Usno President. He became the Head of State on the same day that Malaysia was formed, i.e. 16.9.1963.
Mustapha however stepped down two years later on 16.9.1965 to concentrate on politics and to lead Usno in preparing for the State’s first direct general election in 1967.
Sabah’s governors so far since independence
Upper Row (From Left): Mustapha Harun, Ahmad Raffae, Fuad Stephens, Mohd Hamdan, Ahmad Koroh.
2nd Row (From Left): Adnan Robert, Mohd Said Keruak, Sakaran Dandai, Ahmadshah and Juhar Mahiruddin (current).
He was replaced by the late Tun Pengiran Ahmad Raffae who served two full terms until 16.9.1973. Pengiran was the father of Datuk Dayang Mahani who once served as Minister under the BN/Umno government between the mid and late 1990s. She was adopted by him.
Pengiran was replaced in 1973 by the late Tun Hj Mohd Fuad Stephens, the founder President of Upko and Sabah’s first Chief Minister from 1963-64. Before becoming Governor, Stephens was Malaysia’s High Commissioner to Australia.
However, Stephens stepped down on 28 July 1975 to lead the new Parti Berjaya which defeated Usno in 1976. Usno was led by Mustapha who made Stephens governor and who called him “blood brother”.
Stephens was replaced by the late Tun Mohd Hamdan Abdullah, the former Datuk Indan Kari who won Sulaman
(Tuaran) on an Usno ticket in 1967.
Hamdan served until his death on 10.10.1977. It was during his term that, on 27.8.1976, the Malaysian Parliament passed an amendment to the Constitution re-designating the title of the Sabah Head of State from Yang di-Pertua Negara to Yang di-Pertua Negeri, same as Sarawak, Malacca and Penang.
Now that the Constitution has been amended again making Sabah and Sarawak equal partners with Peninsular Malaysia, resulting in Sarawak calling their Chief Minister “Premier”, it remains interesting if they will fight for the title to be reverted to Yang di-Pertua Negara. But that is something for the politicians to decide or worry about.
Hamdan was replaced upon his death by the late Tun Ahmad Koroh who too died in office on 25.61978. Ahmad was the brother of former Deputy Chief Minister during Berjaya time, Tan Sri Suffian Koroh.
Ahmad Koroh was replaced by Tun Adnan Robert who served two full terms until 31.12.1986. By then PBS had defeated Berjaya. Among Adnan’s “duties” was to serve as a witness in the trial between Mustapha and Pairin to decide who the rightful Chief Minister was.
Adnan was replaced on 1.1.1987 by the late Tun Mohd Said Keruak who also served two full terms until 31.12.1994. History was created on 27.12.1994 when Keruak swore-in his son Salleh as the new Chief Minister under the BN/Umno government, just a few days before he stepped down. Keruak himself was Chief Minister between late 1975 until Usno’s defeat in April 1976.
Keruak was replaced on 1.1.1995 by former Chief Minister, the late Tun Sakaran Dandai who also served two full terms until 31.12.2002. Sakaran became the CM replacing Pairin after the collapse of the PBS government in 1994 due to political frogging.
Sakaran was replaced by former Deputy State Secretary Tun Ahmadshah Abdullah on 1.1.2003 who also served two full terms until 31.12.2010.
Ahmadshah was replaced on 1.1.2011 by the present TYT, Tun Juhar Mahiruddin. Going by normal circumstances, Juhar was supposed to have served until 31.12.2018 after two terms.
But the then Warisan+ government amended the State Constitution to do away with the two-term limit. Meaning Tun Juhar could go on serving indefinitely as long as the State Government wants him to.
Thus it is wrong to say that Tun Juhar will no longer be the TYT after 31.12.2022. Only his present 4-year term is coming to an end , that’s all. But, remember, the State Constitution has been amended so that there is no limit to the number of terms that he can serve.
Meaning if the State Government wants it and the King consents to it, he can serve another term until 2026. Unless he resigns or steps down. As things stand, it is only people’s assumption that he will cease to be Governor come 1.1.2023.
That his term may yet be extended is not far-fetched. Especially, in view of KDCA’s “nomination” of Pairin which makes it difficult for the Chief Minister to decide. It is not as simple as Pairin representing the largest ethnic group. After all, the TYT post has always been rotated among the various ethnic groups since Day One.
Perhaps it is a co-incidence. Perhaps it is an unwritten law. As can be seen above, all TYTs since 1963 have been Muslims. The Chief Minister will have to consider a lot of things, including from the political point of view.
If he change what has been the practice since 1963, the Muslims may not be happy and that may cause GRS the Muslim votes. The MP election is coming.
On the other hand, if he does not entertain KDCA’s request, the KDM community will not be happy. Everybody knows that KDCA equals PBS and Star, both of which are in GRS and whose support made Hajiji CM. I don’t want to be in Hajiji’s shoes right now!
One may argue that Huguan Siou Pairin is fit to be TYT just like the 1st Huguan Siou, Stephens. But the difference is that Stephens was already a Muslim even before he became TYT. I am referring to the ‘Unwritten Law’ which only the present CM can change if he wants to.
Another ‘headache’ for Hajiji will be whom to choose, as it is an open secret that a few people may be interested, or even lobbying for it.
Rumours have it that Usno was admitted into GRS in haste even though it failed to win a single so that its president would eventually become TYT if Hajiji takes over Usno in line with making GRS truly local. But that is only a rumour. There is no proof and no leader has ever commented on this matter.
Then there are also rumours that former Chief Ministers Tan Sri Musa Aman and Datuk Salleh may be considered. Even State Secretary Datuk Safar Untong’s name was mentioned.
That’s why I said ‘“susah-susah” for all you know Tun Juhar’s term may be extended yet again. This is to save the present State leadership from any headache.
However, in the event that the CM really recommended the Huguan Siou to the PM who would then recommend to the King, it will make Hajiji a truly CM for all Sabahans and be respected by the KDM community who include the Muruts and the Rungus. It will give him a lot of political mileage and KDM votes will stay with GRS for a long, long time.
The CM does not need me to teach him to do his job. Hajiji is a seasoned politician, having been an Assemblyman since 1990, even longer than Musa, who only won in 1994.
To conclude, whatever decision is to be made by the CM, all Sabahans should support him. He has to weigh the pros and cons. May God guide him in his decision making.
In the meantime, Happy Birthday Tun.
- The views expressed here are the views of the writer Datuk Teddy Chin and do not necessarily reflect those of the Daily Express.
- If you have something to share, write to us at: [email protected]
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