Shahelmey safe until Sabah elections, say analysts

Source: Free Malaysia Today
Author: Faisal Asyraf

PETALING JAYA: Sabah deputy chief minister III Shahelmey Yahya may have to contest the state elections on another party's platform following his suspension from Umno, but vacating his Putatan parliamentary seat should not be a difficult decision, a political analyst said.

Lee Kuok Tiung of Universiti Malaysia Sabah believes the Tanjung Keramat assemblyman would carry on for now.

"Shahelmey can leave the party after the dissolution (of the Sabah state assembly) and contest (the state seat) on another party's ticket. In this context, he's not subjected to the anti-party hopping law.

"The only challenge is that he is also an MP, so he needs to give up his parliamentary seat, but that shouldn't be a problem because he can choose to focus on Sabah.

"He is still eligible to contest for a parliamentary seat in future," he told FMT.

However, Lee said Prime Minister Anwar Ibrahim and Umno president Ahmad Zahid Hamidi are likely to intervene due to the potential risk of losing a seat in the Dewan Rakyat.

On Sunday, Sabah Umno chief Bung Mokhtar Radin claimed that rules set out by the Election Commission (EC) made Shahelmey ineligible to defend his state seat, after the party suspended him for six years in March last year.

Bung called for Shahelmey to vacate his Putatan parliamentary seat if he wants to contest at the next Sabah election.

Court challenge to remain MP?

Oh Ei Sun of the Singapore Institute of International Affairs said Shahelmey may have to mount a challenge in court if he wants to hold on to his parliamentary seat.

"Umno would argue that if he contests for a state seat under another party's ticket or as an independent, it should be construed as if he has resigned his party membership and therefore his parliamentary seat should be vacated under the anti-party hopping law.

"However, this is an argument that has yet to go through (the courts), and it is highly likely that ultimately it would be the court that would have to interpret the law," the analyst said.

He said Shahelmey would likely contend he is not prohibited from contesting under the banner of another party or as an independent candidate despite remaining an Umno member.

Was he 'expelled'?

Meanwhile, political scientist Wong Chin Huat said the key issue is whether Shahelmey was "expelled" from the party or if he "ceased" to be a member.

"Shahelmey has joined the state government, of which Umno is not a member," said Wong.

In doing so, he has taken one step more than six Bersatu rebels, who only lend their support to the government as backbenchers, he added.

However, Wong said, Shahelmy has not done anything that merits expulsion from the party.

"Hence, Shahelmey is safe until the Sabah assembly is dissolved. Until then, Umno won't automatically disqualify Shahelmey, because it would cause two by-elections at the same time, and Anwar doesn't want any at all," he said.

Wong said that once the state assembly is dissolved, Shahelmey would have to choose between his parliamentary and state seats. Realistically, he wouldn't be able to defend both.

"Defending his state seat as an independent or under GRS would see him automatically disqualified as an Umno member and his parliamentary seat vacated.

"If he wants to keep his parliamentary seat, he cannot defend his state seat except under Umno's flag. It has nothing to do with the EC. That's how the anti-party hopping law has empowered Bung.

"However, until then, Shahelmey can just ignore Bung," he said.

Shahelmey contested under the Barisan Nasional banner in the last Sabah polls in September 2020.

He was suspended by Umno on March 18, 2023 for refusing to toe the party line during an attempt to oust Sabah chief minister Hajiji Noor early last year.

The political manoeuvre led by Bung fizzled out after Hajiji proved he had majority support among Sabah's 73 assemblymen.

Earlier this month, Hajiji was reported to have said that the next Sabah state elections, which must be held no later than September 2025, could be held "at any time".