STATE OF SABAH

 

 

Constitution of the
State of Sabah

 

 

LIST OF AMENDMENTS

 

Enactment No.

 

Articles amended

Effective date of

amendment

 

12/1964

6(2), (3), 7(1), (2), (3), 9(1), 14(1), 59, Sch, Pt. II, III

 

18-7-1964

3/1965

 

11(1), (2)

20-4-1965

14/1966

11(1), (2)

1-10-1966

 

18/1966

21(4), (5)

28-12-1966

 

17/1967

11(2), 14(1) (c)

30-12-1967

 

Fed. Ord

3/1969 (P.U. (A) 170/1969)

 

10(1), 21(1), (4)

 

15-5-1969

1/1971

21(5)

18-11-1968

 

Fed. Ord.

10

19-2-1971

 

79/1971

(P.U. (A) 64/1971)

 

21(1), (4)

19-7-1971

16/1971

7A, 46(2)(a), Sch. Pt. II

 

15-10-1971

 

8/1973

5A, 11A

27-9-1973

 

Act 160

17(1)(e), 20

29-8-1975

 

7/1975

10(4), 15A, 43(5)

5-9-1975

 

16/1976

11(1)

12-5-1976

 

17/1976

1(1), (2), (3), (4), 2(1), (2), 3, 4, 5(1), 6(1), (3), 7(1), (2), (3), 7A (1), 8, 9(1), 10(1), (3), (4), 11(1), 13, 14(1)(c), 15(1), (2)(a), (3), 15A(1), 17(3), 19, 21(1), (2), 22(1), 23, 24(6), 26(1), (3), 30(1), 36(1), (2), (4), (5), (6), (8), (9), 12(b), 37(4), (5), (6), (9), (10), 38(3), 40, 41(1), (2), (3), (4), (6), 42, 43(5), 46(2)(a), 58, Sch. Pt. I

 

27-8-1976

2/1979

11, 20

3-5-1979

 

11/1981

17(1)(c), 46(1)

1-4-1981

 

Act A606

36(6)

1-1-1985

 

8/1985

5B

31-12-1985

 

3/1986

7A(1), 18(2)(b), (c), (d)

 

20-5-1986

 

1/1987

29, 30, 11(1), 20, 55(2)(b)

 

16-4-1987

 

12/1988

4, 8, 22(1), 36(10), 42A, 1st Sch., 2nd Sch.

 

16-9-1988

5/1990

6(7), 14, 21(4), (5)

25-5-1990

 

6/1991

15(2)(c), 17(50

25-7-1991

 

18/1992

18(2)(c), (d), (e)

16-3-1993

 

2/1993

7A(1)

6-4-1993

 

1101994

15(4), 15A, 22(1)

28-11-1994

 

11/1995

4, 6(2), 10(1A), 17(3A), (3B),

18(2)(b), (c), (d), (e), 19(2), 21(5), 26(1A), (1B), (3), 36(6), (10), 40(bb), 46

 

9-11-1995

02/2008

7(A)(1)

20-05-2008

 

 

Constitution of the
State of Sabah

 

PART I

THE STATE GOVERNMENT

 

Chapter 1 - The Head of State

1. Yang di-Pertua Negeri.

 

(1)   There shall be a Head of State for Sabah, to be called the Yang di-Pertua Negeri, who shall be appointed by the Yang di-Pertua Agong acting in his discretion but after consultation with the Chief Minister.

 

(2)   The Yang di-Pertua Negeri shall be appointed for a term of four years but may at any time resign his office by writing under his had addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Legislative Assembly supported by the votes of not less than two-thirds of the total number of the members thereof.

 

(3)   The Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, may appoint a person to exercise the functions of the Yang di-Pertua Negeri during any period during which the Yang di-Pertua Negeri is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appointed unless he would be qualified to be appointed as Yang di-Pertua Negeri.

 

(4)   A person appointed under clause (3) may take the place of the Yang di-Pertua Negeri as a member of the Conference of Rulers during any period during which, under that clause, he may exercise the functions of the Yang di-Pertua Negeri.

 

2. Qualifications and Disabilities of Yang di-Pertua Negeri.

 

(1)   A person who is not a citizen or is a citizen by naturalisation shall not be appointed as the Yang di-Pertua Negeri.

 

(2)   The Yang di-Pertua Negeri shall not hold any office of profit and shall not actively engage in any commercial enterprise.

 

(3)   A person shall not hold office as the Yang di-Pertua Negeri for more than two terms either continuously or otherwise.

 

3. Civil List of Yang di-Pertua Negeri.

 

The Legislature shall be law provide a Civil List of the Yang di-Pertua Negeri, which shall be a charge on and paid out of the Consolidated Fund and shall not be diminished during his continuance in office.

 

4. Oath of office of Yang di-Pertua Negeri.

 

The Yang di-Pertua Negeri, and any person appointed under clause (3) of Article 1, shall before exercising his functions take and subscribe in the presence of the Chief Judge or of a Judge of the High Court an oath in the form set out in Part I of the First Schedule.

 

Chapter 2 - The Executive

 

5. Executive Authority.

 

The executive authority of the State shall be vested in the Yang di-Pertua Negeri but executive functions may by law be conferred on other persons.

 

5A. Religion of the State.

 

Islam is the religion of the State; but other religions may be practiced in peace and harmony in any part of the State.

 

5B. Head of religion of Islam.

 

(1)   The Yang di-Pertuan Agong shall be the Head of the religion of Islam in the State.

 

(2)   The Legislative Assembly shall be responsible for making provisions for regulating the Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.

 

6. State Cabinet.

 

(1)   There shall be a State Cabinet to advise the Yang di-Pertua Negeri in the exercise of his functions.

 

(2)   The Cabinet shall consist of a Chief Minister, and not more than ten nor less than four other members, (to be styled "Ministers") appointed in accordance with clause (3).

 

(3)   The Yang di-Pertua Negeri shall appoint as Chief Minister a member of the Legislative assembly who in his judgment is likely to command the confidence of a majority of the members of the Assembly and shall appoint the other members mentioned in clause (2) in accordance with the advice of the Chief Minister from among the members of the Assembly:

 

Provided that if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.

 

(4)  Notwithstanding anything in this Article, a person who is a citizen by naturalisation shall not be appointed Chief Minister.

 

(5)   The Chief Minister shall not hold any office of profit and shall not actively engage in any commercial enterprise.

 

(6)   The Cabinet shall be collectively responsible to the Legislative Assembly.

 

(7)   For the purpose of clause (3) of this Article, where a political party has won a majority of the elected seats of the Legislative Assembly in a general election, the leader of such political party, who is a member of the Legislative Assembly shall be the member of the Legislative Assembly who is likely to command the confidence of the majority of the members of the Assembly.

 

7.     Tenure of office of members of Cabinet.

 

(1)   If the Chief Minister ceases to command the confidence of a majority of the members of the Legislative Assembly, then, unless at his request the Yang di-Pertua Negeri dissolves the Assembly, the Chief Minister shall tender the resignation of the members of the Cabinet.

 

(2)   A member of the Cabinet may at any time resign his office by writing under his hand addressed to the Yang di-Pertua Negeri, and a member of the Cabinet other than the Chief Minister shall also vacate his office if his appointment thereto is revoked by the Yang di-Pertua Negeri acting in accordance with the advice of the Chief Minister.

 

(3)   Subject to clauses (1) and (2), a member of the Cabinet other than the Chief Minister shall hold office at the pleasure of the Yang di-Pertua Negeri.

 

7A.  Assistant Ministers.

 

(1) The Yang di-Pertua Negeri shall appoint not more than eighteen Assistant Ministers in accordance with the advice of the Chief Minister from among the members of the Assembly, but the Assistant Ministers so appointed shall not be members of the Cabinet:

 

Provided that if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.

 

(2)   Assistant Minister shall assist the Chief Minister and Ministers in the discharge of their duties and functions.

 

(3) The provisions of clauses (2) and (3) of Article 7 and Article 8 shall apply to Assistant Ministers as they apply to Ministers.

 

8. Oath of member of Cabinet.

 

Before a member of the Cabinet exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertua Negeri the oath set out in Part II of the First Schedule.

 

9. Allocation of portfolios and provision regarding private business interest.

 

(1)   The Yang di-Pertua Negeri may, in accordance with the advice of the Chief Minister, assign to a member of the Cabinet responsibility for any business of the government of the State, including the administration of any department of government.

 

(2)  A member of the Cabinet shall not engage in any trade, business or profession connected with any subject or department of government for which he is responsible, and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Cabinet relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

 

10. Yang di-Pertua Negeri to act on advice.

 

(1)   In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Yang di-Pertua Negeri shall act in accordance with the advice of the Cabinet or of a member thereof acting under the general authority of the Cabinet, except as otherwise provided by the Federal Constitution or this Constitution; but shall be entitled, at his request, to any information concerning the government of the State which is available to the Cabinet.

 

(1A)  In the exercise of his functions under this Constitution or any other law or as a member of the Conference of Rulers, where the Yang di-Pertua Negeri is to act in accordance with the advice or on advice, the Yang di-Pertua Negeri shall accept and act in accordance with such advice.

 

(2)   The Yang di-Pertua Negeri may act in his discretion in the performance of the following functions

(a)  the appointment of a Chief Minister;

 

(b)  the withholding of consent to a request for the dissolution of the Legislative Assembly.

 

(3)   The Legislature may by law make provision for requiring the Yang di-Pertua Negeri to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of any of his functions except

 

(a)   functions, exercisable in his discretion; and

 

(b)   functions with respect to the exercise of which provision is made in the Federal Constitution or any other Article of this Constitution.

 

(4)   For removing doubts, it is hereby declared that clause (1) of this Article or otherwise clause (3) of this Article shall have effect and force on the Yang di-Pertua Negeri in performing any of his functions under this Constitution or any other law; and the Yang di-Pertua Negeri may use his discretion only when performing his functions under clause (2) of this Article and no other.

 

11. State Secretary and State Attorney General.

(1)   The offices of State Secretary and State Attorney-General are hereby constituted, and appointments thereto shall be made by the Yang di-Pertua Negeri acting in accordance with the advice of the Chief Minister, who shall select for appointment a person whose name is included in a list submitted for the purpose by the Commission and shall, before tendering his advice, consult the Government of the Federation.

 

(2)   (Repealed).

 

11A. Official language.

 

Without prejudice to clause (8) of Article 24, the official language of the State Cabinet and the Legislative Assembly shall be in Bahasa Malaysia:

Provided that

 

(a)   not withstanding the provisions of this Article, the English language may be used for such period and for such purposes as may for the time being be provided by or in accordance with Article 152 of the Federal Constitution; and

 

(b)   an official English version shall be provided of anything which is required to be printed or reduced into writing and may be published in the Gazette.

 

Chapter 3 - Capacity as respects property,

contracts and suits

 

12. Capacity of State as respects property, contracts and suits

 

(1)   The State shall have power to acquire, hold and dispose of property of any kind and to make contracts.

(2)   The State may sue and be sued.

 

July 2008



See Civil List Enactment, 1963 (No. 28 of 1963)