Q1:

Issue

 Does the appointment of Dato Seri Sahlan as PM by YDPA considered as valid?

Law

 A40(2)(a) act on discretion power to Appoint PM

 A43(2)(a) YDPA appoint who in his judgement likely command the majority

Application
 YDPA has the duty and power by virtue of above provisions to appoint the party’s leader who
has secured the majority to be the PM
 Since Sahlan has secured the simple 10 seats, hence the appointment is undoubtful to be valid.
Case
 Tun Datu Haji Mustapha Bin Harun v Tun Datuk Haji Mohamed Adnan Robert, Yang di-Pertua
Negeri Sabah and Datuk Joseph Pairin Kitingan (No 2) [1986] 2 MLJ 420
- Fact:
- Plaintiff took the appropriate oath of office for a Chief Minister in front of the first
defendant.
- YDPN was anticipated to name Datuk Joseph as Chief Minister.
- However, the heads of two other parties convinced YDPN to name Tun Datu Haji
Mustapha Chief Minister.
- YDPN swore in Tun Datu Haji Mustapha Bin Harun as Chief Minister.
- Later, the YDPN revoked the appointment and Datuk Joseph was sworn in as Chief
Minister.
- Tun Datu Haji Mustapha contested the legitimacy of both (appointment and his
revocation) and proceed to sue
- Tun Rule that the second defendant's appointment and cancellation were in violation of
Sabah's constitution.
- Additionally, the plaintiff asked for an injunction to stop the second defendant from
abusing the Chief Minister's authority.

- Court held:
- The selection of a Chief Minister and the use of that authority in accordance with the
constitution are both prohibited by the constitution if the number of elected seats
gained by each political party is not taken into consideration.
Conclusion
 The appointment of Sahlan by YDPA is valid as he secured the simple majority, and he also may
also advice the YDPA to appoint the members of cabinet shortly.