BN feigning unity in Sabah

By Joseph Bingkasan of Free Malaysia Today

| October 15, 2012

          

Sabah Umno, which already has a giant share of the state and parliamentary seats, is greedy and wants more.

 

KOTA KINABALU: As the countdown to the 13th general election edges towards a fixed date, the ruling coalition is showing signs of strain with bigger parties attempting to muscle in on the turf of their smaller partners.

 

Parti Bersatu Sabah (PBS) joined the queue lobbying to take over candidacy for the Pensiangan MP seat or one of the two state seats – Nabawan and Sook – in the parliamentary constituency.

 

The problem is, the Pensiangan MP seat is now held by federal Deputy Minister of Natural Resources and Environment Joseph Kurup who helms Barisan Nasional coalition partner Parti Bersatu Rakyat Sabah (PBRS).

 

It is well known that there is little love lost between PBS and PBRS and now the frayed threads that hold the Umno-led ruling coalition are being exposed once again as they always are before an election.

To gain a higher profile in the state assembly, PBS headed by Deputy Chief Minister Joseph Pairin Kitingan is also laying claim to another state seat that comes under the Keningau parliamentary constituency.

 

Pairin is Keningau MP as well as Tambunan state assembly representative. The two other state seats within his parliamentary constituency, Liawan and Bingkor, are shared by Umno and PBS spin-off, the United Pasokmomogun Kadazandusun Murut Organisation (Upko).

 

Sairin Karno of Umno is the Liawan representative and Upko’s Justin Guka sits in Bingkor so based on the coalition’s power structure, Guka’s seat is the target as PBS plays second fiddle to Umno in any realignment of seat allocation in that parliamentary constituency.

 

Over in Pensiangan, the state seats of Nabawan and Sook are held by Bobby Ah Fang Suan of Upko and Ellron Angin of PBRS respectively. Here PBRS is in PBS crosshairs.

 

The problem is Kurup who won the MP seat uncontested in the 2008 election is the sole MP from the party while Angin is the only assemblyman for the party in the 60-members State Legislative Assembly.

 

PBS’s demand for the extra seats came during the annual general meetings of the PBS divisions of Pensiangan, Sook, Bingkor and Liawan recently.

 

The calls were made with the full support of Pairin, and the motions were quickly endorsed by him as logical as he said the constituencies were traditionally the stronghold of his party

since it was formed in 1985.

 

In fact PBS controlled almost all the state and parliamentary seats until Pairin’s government, then in the opposition, was toppled by the BN in 1994 when it won just 25 of the 48 state assembly seats.

 

Umno showing claws

 

The party’s elected representatives, seeing the writing on the wall, jumped ship as a matter of political survival.

 

Kurup was among them. He ditched PBS to form PBRS. Other formed new political or joined Umno.

 

PBS delegates of the Pensiangan and Sook divisions under the leadership of former MP Bernard Maraat have long memories and want the party to be given at least one of the two seats in the next election.

 

However, another shark in the form of Umno is circling.

 

The main component in the ruling coalition which already has the giant share of state and parliamentary seats in Sabah, registered its intention to make a bid to takeover the Pensiangan constituency or one of the state seats under its jurisdiction.

 

Kurup responded to the implied threat that should he be dropped, BN could expect an exodus of PBRS members out to support the opposition in the election.

 

Maraat, on the other hand announced that if the seat was given to Umno to contest, he would offer to contest as a BN-friendly independent candidate.

 

Bingkor PBS division chief Peter Jino Allion has claimed that the party is far more established in the constituency compared with other BN component parties whose weakness was demonstrated by a decline in votes in the past two elections.

 

He said the BN leadership should not underestimate the opposition in Bingkor.

 

However, he was careful to be respectful to Umno saying: “Bingkor PBS will support any BN candidate who contested and would ensure the victory of the candidate.”

 

He suggested that the BN leadership appoint party leaders in Bingkor and Liawan – who are not selected as candidates – as a senator or an appointed member of the state legislative assembly to strengthen PBS under Pairin’s leadership.

 

Cut-throat politics

 

His proposal however is all nonsense according to political pundits familiar with Sabah’s post-1994 election tactics and the cut-throat world of Sabah politics.

 

“They (party leaders) are trying to keep every one in line by promising them rewards if they don’t get to contest seats in the election.

 

“They have to keep making way for others and everyone knows an elected position is a money-spinner. They all want their share of the pie,” said one former BN supporter who requested anonymity

 

PBS, whose traditional support-base is shaky is also worried that BN’s much hyped ‘Janji Ditepati’ (Promises Fulfilled) slogan has not gone down well in Sabah.

 

Allion said as much when he asked that all projects approved by the government be implemented before the 13th general election.

 

Such is the fear that the party and the BN may not do as well in the coming election.

 

Party leaders have also called on their members to quit NGOs that have criticised the government and coalition leaders.

 

“Members of the party and BN must defend their leaders by leaving these NGOs and struggle alongside their parties,” Allion said recently.

 

With Pairin’s image tarnished since rejoining the BN and Umno (his once bitter foe) even his position as PBS president has come under attack and senior party leaders who know they lack credibility without the community’s Huguan Siou (Paramaount Chief) are running scared.

 

Meanwhile, Liawan PBS division deputy head, Zachary Kinsik, has proposed the tried and tested BN candidate quota system be scrapped altogether, a suggestion first made by Deputy Prime Minister Muhyiddin Yassin.

 

He also said that the number of seats held by Umno should be reduced as recommended by former premier Mahathir Mohamed and that the distribution of seats and power sharing should be fair and transparent.

SAPP: Kurup where are you?

Sabah Progressive Party ( SAPP ) President Datuk Yong Teck Lee said Pensiangan Member of Parliament Tan Sri Joseph Kurup is nowhere to be seen following the Federal Court's declaration that the latter could keep his Pensiangan parliamentary seat.

He said this as in sharp contrast to the period before the court decision when Kurup and Barisan Nasional were busy distributing outboard engines, cylinder tanks and water tanks, etc, to the people.

"It is very clear that Kurup was favoured by the court and not the people to be the MP and Deputy Minister of Rural and Regional Development," the former Chief Minister told a gathering in Pensiangan recently.

Vacate Pensiangan seat, No way says Kurup

Parti Bersatu Rakyat Sabah (PBRS) President Tan Sri Joseph Kurup has dismissed calls by his challenger in the Pensiangan Parliamentary seat to vacate the seat and face him in a by-election.
Kurup, who is also the Rural and Regional Development Deputy Minister, said what is important is not bowing to the kind of challenges posed by people like Danny Anthony Andipai but bringing progress to the people of Pensiangan.
"To me the people are more important. We have won (the case) so we must focus in uplifting the people's living standard," he said.
Andipai, who is Pensiangan Parti Keadilan Rakyat (PKR) head, had challenged him to step down shortly after the Federal Court allowed Kurup's appeal against the decision of the Election Court to nullify the Pensiangan Parliamentary election result.
Kurup had won the seat uncontested on Nomination Day but Andipai filed a suit claiming he was deprived of a chance to contest due to the actions of the personnel manning the nomination centre.
"In terms of development the opposition is untested but in terms of creating chaos we have seen that it is being done by the opposition," he said.
Kurup said the development in Pensiangan would continue and that he would see to it during his term as the people representative in Parliament.

Kurup: A relief BUT Andipai: Disappointed

Parti Bersatu Rakyat Sabah (PBRS) President Tan Sri Joseph Kurup expressed relief with the decision by the Federal Court to uphold his appeal against the decision of the Election Court and basically allowing him to continue as Member of Parliament for Pensiangan.

“I feel very relieve because this (election petition court trial) has been distracting my concentration to work as the P182 MP for Pensiangan.

“But, I am very thankful that the rule of law prevail,” he said when met after the judgement was delivered by Federal Court Judge Datuk Nik Hashim Nik Ab Rahman in Kota Kinabalu Friday.

Kurup who is also the Deputy Rural and Regional Development Minister believed he would be able to give his full concentration in assisting his constituents in Pensiangan.

“I can put much more effort particularly for the people of Pensiangan to get them out of misery,” said Kurup who was visibly elated once the Judge read the final verdict.

To a question, he believed the verdict gave the Barisan Nasional (BN) confidence in gunning for victories in the three by-elections in Bukita Gantang, Batang Ai and Bukit Selambau.

Meanwhile, Danny Anthony Andipai issued a challenge to Kurup asking him to resign and allow for a by-election.

“If he is really a gentleman, he should resign … I challenge him,” said the dejected Andipai. He felt disappointed and was wronged by the decision.

“But, I will not budge from struggle despite whatever I have been offered,” he said without elaborating.

Andipai said this was only the beginning of his struggle and “will only spark the spirit of the people of Sabah”.

Parti Keadilan Rakyat (PKR) Pensiangan Deputy Chief, Affendy Abdullah @ Lukan Anginduh, 50, meanwhile called on party supporters to remain calm with the decision.

In fact, he said the decision only allowed them more time and opportunity to strengthen the party’s machinery to face the next general election.

He believed the Federal Court’s decision had disappointed many quarters in the PKR but it has to be accepted with an open heart and translated instead to a more consistent struggle for the party.

Towards this end, Affendy hoped Kurup would keep his promise to continue the development mission that had been planned when the status of the seat was still hanging in the balance.

“We want to see transparency on his part in this matter because before this he looked to be so serious and really on the move in wanting to bring development here (Pensiangan). It cannot stop at that now that his status (as the MP) is declared valid,” he said.

Former Native Chief, Sundang Pongolot, 50, said Kurup should be given the chance to prove to the people in Pensiangan that he is able to help them within the next four years.

Federal Court allows Kurup's appeal

The Federal Court in Kota Kinabalu Friday set aside an Election Court's decision on Sept 8, last year that nullified the election of Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup to the Pensiangan parliamentary seat in the March 8, 2008 general elections.

This mean that Kurup now keep his Member of Parliament seat, no by-election for Pensiangan and that he stay as Federal Rural and Regional Development Deputy Minister.

Federal Court Judge Datuk Nik Hashim Nik Abdul Rahman, in delivering the Federal Court unanimous judgement reserved since Feb 12, this year, declared Kurup was duly elected to the parliamentary constituency of P182 Pensiangan.

Appeal Court President Tan Sri Alauddin Mohd Sheriff and Chief Justice of Malaya Datuk Arifin Zakaria who heard the appeal together with Nik Hashim, were not in court.

“There had not been any failure on the part of the returning officer to comply with the election laws (in declaring Kurup’s win uncontested after two other candidates nomination papers were rejected). Accodringly, we unanimously allow the appeal with cost here and the court below,” Nik Hashim said.

Kurup won the seat unopposed after the returning officer Bubudan OT Majalu rejected the nomination papers of Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) and independent candidate Saineh Usau on nomination day Feb 24, 2008 on grounds that they were delivered late (after 10am).

Andipai filed an election petition on April 9, 2008 seeking a declaration that Kurup’s win was void. He named Kurup and Bubudan as the first and second
Respondents, respectively.

Andipai claimed that Bubudan planned to make available only one counter for the delivery of nomination papers for Pensiangan and the state seats of Sook and Nabawan.

The plan, Andipai’s claimed, was to prevent timely delivery of nomination papers from other candidates so that Kurup could be returned unopposed. Andipai was only able to submit his papers at 10.25am.

On Sept 8, 2008 Election Judge David Wong Dak Wah declared that Kurup’s victory was void as the rejection of Andipai and Usau nomination papers were a breach of their constitutional right to take part in the election.

Wong also held that a decision by the State Election Commission deputy director in directing the returning officer to accept Andpai’s nomination papers was final and could not be overturned during the objection period.

Nik Hashim said the Federal Court held that the requirement that the nomination papers must be delivered between 9am and 10am was mandatory.

He said the court held and the returning officer was justified in upholding the objection and rejecting Andipai’s nomination papers for non compliance with regulation 6(2)(b) of the Elections (Conduct of Elections) Regulations 1981.

The regulation says the nomination papers in triplicate must be delivered to the returning officer between 9am and 10am on nomination day by the candidate and seconder or by any two or any one of them.

Nik Hashim said that it was true, as the election judge decided, that the Election Commission had the power of control and supervision over the conduct of elections and that the returning officer was subjected to the direction of the Commission.

“Nevertheless, such power and direction must be exercised according to law,” he said.

In this case, the commission’s deputy director’s directive to the returning officer to accept Andipai’s nomination papers outside the time frame was contrary to regulation 6(2)(b) of the Regulation.

“The Election Judge was erroneous when he held that the power of the Election Commission overrides the Regulations. Nothing in the law provides for such power,” he said.

Nik Hashim further said the court held that it was not within the purview of the Election Commission to effect any amendment to election regulation relating to the conduct of elections.

The court also held that while it was true there were 12 people who wanted to be candidates and only one counter opened at the nomination centre, nevertheless, the responsibility for submitting the nomination papers to the returning officer within the time fame lies with the candidates.

“No statutory duty is imposed on the returning officer to ensure that all nomination papers of all candidates present at the nomination centre must be accepted but only to ensure that no nomination papers are to be accepted during the time frame (9am -10am),” Nik Hashim held.

He said the court was also unanimous in holding that in this case the fault lay with Andipai for failing to deliver his nomination papers within the stipulated time to the returning officer.

The court also held that Andipai had pleaded the facts and grounds of his petition but without specifying which provision of written law relating to the conduct of election had not been complied with by the returning officer.

“This failure is fatal. Parties are bound by their pleadings. Since the mandatory requirements stipulated by section 32(b) of the Election Offences Act 1954 had not been met, the learned judge ought to have dismissed the respondent’s (Andipai) petition outright,” Nik Hashim said.

No by-election for Pensiangan

To be updated

Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup keeps his Pensiangan parliamentary seat after the Federal Court in Kota Kinabalu a a few minutes ago allowed his appeal against an Election Court's decision declaring his win uncontested in the March 8, 2008 general elections was null and void.

Kurup, a first time MP, is Federal Rural and Regional Development Deputy Minister.

Friday 13 D Day For Kurup's Pensiangan Seat

Whether or not a by-election is to be held in Pensiangan parliamentary seat will finally be known next month.

Friday March 13, has been fixed by the Federal Court to deliver ruling which was reserved upon hearing submissions on Feb 12, 2009 from lawyers for Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup, Parti Keadilan Rakyat's Danny Anthony Andipai and Senior Federal Counsel Azizah Nawawi.

The Federal Court will sit in Kota Kinabalu to deliver the ruling. This was confirmed by Kurup lawyers Hajah Mariati Robert and Geroge Aluda in Kota Kinabalu today.

Kurup, who won the seat uncontested in the March 8, general elections, had appeal on Sept 17, 2008 to the Federal Court against the Sept 8, 2008 decision of the Kota Kinabalu Election Court to declare his win null and void.

Andipai, whose nomination was rejected due to allegedly submitted out of time, filed the election petition on April 9, 2008 and after a hearing was accepted by Judge David Wong Dak Wah on Sept 8, last year.

The judges who sat to hear Kurup's appeal earlier this month comprised of Appeal Court President Tan Sri Alaudin Mohd Sheriff, Chief Justice of Malaysa Datuk Ariffin Zakaria and Federal Court Judge Datuk Nik Hashim Abdul Rahman.

Kurup, who is Federal Rural and Regional Development Deputy Minister was represented by lawyer Firoz Hussein Ahmad Jamaludin while Haji Ansari Abdullah was Andipai's lawyer.

Pensiangan by-election? To be known tomorrow

The Federal Court will sit in Kota Kinabalu Thursday and Friday (Feb 12 & 13)to hear Parti Bersatu Rakyat Sabah (PBRS) Tan Sri Joseph Kurup appeal against a Kota Kinabalu Election Court on Sept 8, 1008 that declared his win uncontested as Pensiangan member of Parliament.

This was confirmed today by Kurup's lawyer George Aluda.

Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) filed the petition on April 9, 2008.Andipai's candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day Feb 24, 2008.

After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested.Andipai sought for a court declaration that Kurup’s win was null and void.

The Election Court allowed Andipai's petition and Kurup, who had been appointed Federal Rural and Regional Deputy Minister, file a stay of execution of the declaration on Sept 11, 2008.

The Federal Court is also scheduled to hear PKR's appeal against the Kota Kinabalu Election Court decision in dismissing their petition against the victory of Parti Bersatu Sabah (PBS) deputy president Datuk Dr Yee Moh ChaiIn the March 8, 2008 general elections, Dr Yee won the Api Api state seat with a slim majority of 174 polling 3,419 votes, defeating Sabah PKR deputy head Christina Liew Chin Jin who garnered 3,245 votes.

The Kota Kinabalu Election Court declared Dr Yee's victory valid and Liew's election agent Audrey Karen Barry on April 9, 2008 filed an appeal to the Federal Court seeking a declaration to set aside the declaration.

The petitioner sought to declare the election's result null and void due to various breaches of the Election Offences Act 1954 and the Elections (Conduct of Election) Regulation 1981.

Three by-elections in 60 days?

It will known this few days whether or not a by-election will be held for the Pensiangan parliamentary seat which had been declared vacant by the Kota Kinabalu Election Court last year.

The court accepted an election petition by opposition Parti Keadilan Rakyat (PKR) which sought for a declaration that Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup's win unopposed during the March 8, general elections was null and void.

Kurup had appealed to the Federal Court who will sit in Kota Kinabalu on Feb 12 and 13 to hear the appeal.

As much that Kurup and BN hoped for an overturn of the Election Court decision, election preparation for a possible by-election had long been on-going in Pensiangan. PKR and PBRS-BN as well as another BN component member Parti Bersatu Sabah (PBS) had set their respective gear on stand-by.

Meanwhile, community leaders in Sook are supporting Kurup to be re-nominated as the BN candidate if a by-election is called for the Pensiangan. Kurup, who was Sook assemblyman until the last general elections held a meeting with community leaders here two days ago.

Kurup, who is the Rural and Regional Development Deputy Minister, assured that there were a lot of plans in the pipeline to be carried out by the Federal Government in the constituency.
He denied claims that there had never been any development being brought to Sook.

If a by-election is to be held in Pensianga, there will be three by-election in the country within 60 days. The other two are in Bukit Gantang parliamentery constituency in Perak and the state seat of Bukit Selambau in Kedah.

Kurup: What's Up Pairin?

Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup today said voters in the Pensiangan parliamentary constituency in Sabah are well prepared for a possible by-election, if there is any. He said they already know who they are going to vote.

"As much as I would like not say anything, I am compelled to do so in response to Parti Bersatu Sabah (PBS) president Datuk Seri Joseph Pairin Kitingan's interference over this well prepared PBRS machineries by raising the question of candidature will undoubtedly, to certain extent, weaken this," Kurup said.

Kurup, in a Press statement datelined Putrajaya, Kuala Lumpur, was responding to Pairin's statement which appeared in the local newspapers today.

Speaking to the Press in Kota Kinabalu on Monday (Jan 18), Pairin, who is Sabah Deputy Chief Minister, said there should not be an automatic selection of Barisan Nasional (BN) candidate should a by-election is called for the Pensiangan seat.

Pairin said that although its was normal for BN to give back the seat to component party as was the quota or formula in the March 8, 2008 general elections but that based on the recent Kuala Terengganu by-election result, candidate is an important factor.

In the Kuala Terengganu's by-election BN failed to defend the seat which was won by Opposition PAS.

Asked by the Press if he meant that his PBRS' counterpart, Kurup, should not re-contest in the by-election, Pairin said," No, I am not saying that but candidate is a very important factor."

Pairin said the BN leadership should have to look at the causes of the Kuala Terengganu by-election, which BN lost so as to avoid it from happening in Pensiangan.

Kurup won Pensiangan uncontested in the general election and was appointed Federal Rural and Regional Development Deputy Minister. His victory was declared null and void by a Kota Kinabalu Election Court.

The election petition against Kurup was brought by Parti Keadilan Rakyat's Danny Andipai, whose candidacy was rejected on nomination day, paving the way for Kurup to win the seat without a contest.

Kurup appealed and the Federal Court will sit in Kota Kinabalu on Feb 12 and 13, 2009 to decide on the case.

Kurup further stated that Pairin seemed not to have understood the BN's concept of `sharing' `But here, perhaps he could be excused in view of his colourful and well documented history with the BN.

PBRS and PBS are component members of BN.

"Certainly he does not possess the credibility to assess the suitability of a candidate for Pairin has been the MP for Pensiangan for two terms and his performance record in bringing developments to the people speaks for itself," Kurup said.

He said whenever he go to Sook and Nabawan (two state seats within Pensiangan) people there were saying in no uncertain terms that they had not seen any development in their areas during Pairin's tenure as their MP.

Will there be a by-election in Pensiangan?

The Federal Court will sit in Kota Kinabalu Thursday and Friday (Feb 12 & 13)to hear Parti Bersatu Rakyat Sabah (PBRS) Tan Sri Joseph Kurup appeal against a Kota Kinabalu Election Court on Sept 8, 1008 that declared his win uncontested as Pensiangan member of Parliament.

This was confirmed today by Kurup's lawyer George Aluda.

Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) filed the petition on April 9, 2008.

Andipai's candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day Feb 24, 2008. After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested.

Andipai sought for a court declaration that Kurup’s win was null and void.The Election Court allowed Andipai's petition and Kurup, who had been appointed Federal Rural and Regional Deputy Minister, file a stay of execution of the declaration on Sept 11, 2008.

The Federal Court is also scheduled to hear PKR's appeal against the Kota Kinabalu Election Court decision in dismissing their petitionKota Belud: Umno Youth chief Datuk Seri Hishammuddin Tun Hussien said Umno should consider a proposal to include a Sabah leader to be selected Vice-President during next month's party elections.
He commended Sabah Umno for having made valuable contributions towards strengthening the party in the interest of the nation and its people.
He said Sabah Umno had continued to remain intact and strong since the party began entrenching itself in the State, 19 years ago.
Hishammuddin, who is Education Minister, said this when addressing a meeting with Kota Belud Umno leaders, in a local restaurant here.
The strength of Sabah Umno should be portrayed as a fine example of unity and solidarity among the members that should be emulated by the respective divisions in the peninsula, he said.
In this respect, Deputy Prime Minister and Umno Deputy President Datuk Seri Najib Tun Razak would need to accorded due attention to the party's Sabah leaders for inclusion in the Supreme Council line-up, he added against the victory of Parti Bersatu Sabah (PBS) deputy president Datuk Dr Yee Moh Chai

In the March 8, 2008 general elections, Dr Yee won the Api Api state seat with a slim majority of 174 polling 3,419 votes, defeating Sabah PKR deputy head Christina Liew Chin Jin who garnered 3,245 votes.

The Kota Kinabalu Election Court declared Dr Yee's victory valid and Liew's election agent Audrey Karen Barry on April 9, 2008 filed an appeal to the Federal Court seeking a declaration to set aside the declaration.

The petitioner sought to declare the election's result null and void due to various breaches of the Election Offences Act 1954 and the Elections (Conduct of Election) Regulation 1981.

Kurup have to wait until Jan 15

The Federal Court in the Palace of Justice, Putrajaya, scheduled today to hear Parti Bersatu Rakyat Sabah (PBRS) Tan Sri Joseph Kurup's appeal against a decision of the Kota Kinabalu Election Court, will only hear the case on Jan 15, 2009.

One of Kurup's lawyer, George Aludah told a Sabah-based daily journalist Jo Ann Mool that they were informed of the postponement last week.

Pending the hearing next week in Kuala Lumpur, Kurup's position as the member of Parliament for Pensiangan as well as Federal Rural and regional Development Deputy Minister will be still `hanging'.

Soon after the Election Court declared null an void Kurup's win uncontested in the March 8, 2008 general elections, the former Sook Assemblyman has been touring Pensiangan in anticipation of a by-election.

Parti Keadilan Rakyat (PKR) Nabawan chief Danny Anthony Andipai, whose election petition was accepted by the Election Court, has also been visiting the people of Pensiangan as the opposition believed that a by-election is forthcoming.

Whatever it is, all have to wait for another eight days to know whether or not there will be a by-election in Pensiangan.

Will there be by-election for Pensiangan?

The Federal Court will sit in Puterajaya tomorrow (Jan 7, 2009) to hear Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup's appeal against a Kota Kinabalu Election Court decision on Sept 8, 2008 which declared null and void his election as a Member of Parliament for Pensiangan in the March 8, 2008 general elections.

Judge David Wong Dak Wah ruled that the wrongful rejection of the nomination papers of the petitioner, Parti Keadilan Rakyat’s Danny Anthony Andipai, had breached the petitioner’s constitutional right to take part in the election and the written law relating to the conduct of the election.

Kurup, who was appointed Rural and Regional Development Deputy Minister after the elections, filed the appeal on Sept 11, 2008

Andipai filed the petition on April 9, 2008. His candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day - Feb 24, 2008.

After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested. Andipai sought for a court declaration that Kurup’s win was null and void.

He claimed that Bubudan had planned to make available only on counter for delivery of nomination papers by candidates contesting in Pensiangan and the state seats of Nabawan and Sook.

Andipai claimed that the plan was to prevent the timely delivery of nomination papers of other candidates to enable Kurup to be returned unopposed in the March 8, 2008 general elections.

Andipai was represented by lawyers Datuk Chau Chin Tang and Haji Ansari Abdullah while Kurup’s lawyers were Alex Deccena, Hajah Mariati Robert, Wilson Lai Wai Shing. Senior Federal Counsel Suzana Atan and Chandra Devi had appeared for Bubudan.

Kurup continues to lead PBRS

Tan Sri Joseph Kurup, whose parliamentary seat of Pensiangan was declared vacant by Kota Kinabalu Election Court on Sep 8, 2008, was returned unopposed as Parti Bersatu Rakyat Sabah (PBRS) president at the party's election Tuesday.

The Federal Rural and Regional Development Deputy Minister has been at the helm of the party since its formation in 1994.

Also returned unopposed is incumbent Deputy President Datuk Ellron Angin while elected Vice-Presidents are former minister Datuk Kadoh Agundong, Baharuddin Haji Nayan and Cyril Yansalang.

The 264 delegates from the party 17 divisions also voted the supreme council members - Francis Yantim, Paiman Lalimbu, Dr Florentius Epin Banik, Justin Majiun, Weils Magium, Fatimah Ibrahim, Johari Bohontong, Alfian Tun Koroh, Taulani Haji Ismail, Jaiping Minsu and Jailin Lian.

Thanking the delegates for their faith in his leadership, Kurup told them:" The next three years will not be plain sailing but full of challenges. However, I will not be walking alone."

All eyes will be on the Federal Court who will decide on Jan 6, 2009 whether or not to grant Kurup's appeal against the Election Court's decision to declare his win unopposed in the March 8, 2008 general elections.

Kurup lost a PBRS founder leader

Former Bingkor Parti Bersatu Rakyat Sabah (PBRS) divisional deputy chief Alizan Majid yesterday announced his resignation from the Party. PBRS is headed by Tan Sri Joseph Kurup, whose seat in Parliament for Pensiangan was declared vacant by Kota Kinabalu Election Court on Sept 8, 2008.

“I have lost confidence in the party leadership as its struggle has no true direction,” he said in a statement to the Press Sunday.

“The struggle of the party leadership for the people is not professional and it is not ready to change and accept changes,” alleged Alizan.

“The party leadership is always afraid of its own shadow and is not ready to hear ideas, opinions and advices for the good of the party and members,” he added.

Alizan also expressed disappointment over what he described as the lack of cooperation during elections, especially on the selection of candidates who were not accepted by the people.

He also claimed that there was no application made by the leadership for additional seats during the last general election.

“I urge the state and national Barisan Nasional leaderships to make a smart decision to select and pick the best candidate for the Pensiangan parliamentary by-election, one who can truly contribute to the BN victory."

“I am proposing to the BN leadership to take back former MP Datuk Bernard S Maraat as the BN candidate if BN wants to retain the Pensiangan seat,” he said. PBRS dropped Maraat from defending Pensiangan in the March 8, general election to pave way for Kurup to contest.

Maraat had since quit PBRS to join Parti Bersatu Sabah headed by Datuk Joseph Pairin Kitingan and is now the party's chief ror the Liawan Division.

Alizan said even though he had quit from PBRS, he still supported the BN struggle under the leadership of Chief Minister Datuk Seri Panglima Musa Haji Aman and Prime Minister Datuk Seri Abdullah Ahmad Badawi. “I will consider to join to any of the BN component parties or re-join PBRS if there are changes to its leadership,” he added.

SAPP to contest Pensiangan if...

Sabah Progressive Party (SAPP) President Datuk Yong Teck Lee said the party will contest if a by-election is held for the Pensiangan parliamentary seat.
He said local residents here who are either party members or supporters would get the chance to be the candidate.
Yong was responding to a question from a supporter during a SAPP seminar in Keningau., Sabah, Friday. About 600 members together with their leaders participated in the one-day course.
Yong said he was pleased that SAPP still had strong support in rural areas.
In Sook division, he said they have five party branches with about 1,000 members and in Nabawan, there are three branches with 320 members near Nabawan township, Sapulut and Pensiangan.
On former SAPP Deputy President Datuk Raymond Tan who intends to form a new political party, SAPP Vice President Datuk Philip Yong said Tan is more likely to be a supporter than a party leader.
In the seminar, several supporters proposed that Yong be nominated as the candidate for Pensiangan as many believed he is not politically selfish and has shown sincerity in his struggle to serve the Sabahans' interests.
On Sept 8, the High Court here declared null and void the Pensiangan parliamentary election result in which PBRS President Tan Sri Joseph Kurup won the seat unopposed on nomination day on Feb 24 for the 12th General Election in March.
On Sept. 11, Kurup applied for a stay of execution at the Federal Court in Putrajaya, Kuala Lumpur, following the Kota Kinabalu Election Court decision. The decision on Kurup's appeal would be heard on Jan. 7, next year. More HERE

Federal Court to hear Kurup's appeal Jan 7

The Federal Court will sit in Puterajaya on Jan 7, 2009 to hear Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup's appeal against a Kota Kinabalu Election Court decision on Sept 8, 2008 in declaring null and void his election as a Member of Parliament for Pensiangan in the March 8, 2008 general elections.

Kurup, who was appointed Rural and Regional Development Deputy Minister after the elections, filed the appeal on Sept 11.

Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) filed the petition on April 9, 2008. His candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day Feb 24, 2008.

After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested. Andipai sought for a court declaration that Kurup’s win was null and void.

He claimed that Bubudan had planned to make available only on counter for delivery of nomination papers by candidates contesting in Pensiangan and the state seats of Nabawan and Sook.

Andipai claimed that the plan was to prevent the timely delivery of nomination papers of other candidates to enable Kurup to be returned unopposed in the March 8, 2008 general elections.

Andipai was represented by lawyers Datuk Chau Chin Tang and Haji Ansari Abdullah while Kurup’s lawyers were Alex Deccena, Hajah Mariati Robert, Wilson Lai Wai Shing. Senior Federal Counsel Suzana Atan and Chandra Devi had appeared for Bubudan.

A by-election will be held if Kurup failed in his appeal.

Maraat still bitter...

Datuk Bernard Maraat is still bitter for being dropped by Parti Bersatu Rakyat Sabah (PBRS) from defending the Pensiangan parliamentary seat for Barisan Nasional (BN) in the March 8, 2008 general election.

Maraat was then PBRS secretary-general was not nominated by the party president Tan Sri Joseph Kurup to defend the seat, instead Kurup nominted himself while his Sook state seat was given to Ellron Angin to contest.

Kurup won the seat unopposed while Elron defeated three other candidates to retained the Sook seat for BN.

When Kurup announced that he would be contesting Pensiangan, Maraat protested and that he wanted to contest as an Independent but was talked out of it. In a show of protest to Kurup, Maraat resigned from PBRS and subsequently joined Parti Bersatu Sabah (PBS) and now heads the Liawan Division.

Kurup's win uncontested, however, went to court on an election petition brought by Parti Keadilan Rakyat's Danny Anthony Andipai whose nomination papers was rejected on nomination day Feb 24, 2008.

Andipai's petition was accepted by the election court and that Kurup's victory was declared null and void on Sept 8, 2008. Kurup, who was made Rural and Regional Development Deputy Minister after the general election, had filed an appeal on Sept 10 which is yet to be heard.

Now that a by-election might be held in Pensiangan, Maraat had been meeting with constituents to garner supports and had declared that he would be offering himself to contest the seat on a BN ticket.

Kurup had also declared that he would be defending the seat should his appeal is dismissed.

Maraat, apparently still bitter with Kurup for dropping him from contesting in the last general election, now wanted to get even with the PBRS president. He said his wanting to contest had to do with the overwhelming supports from the grassroots in Pensiangan.

"They want me to be their Member of Parliament. It is not important which political party I am respresenting as a candidate as long as it is under BN," Maraat said.

Ansari: I am still the boss

Haji Ansari Abdullah (pix) has confirmed tendering his resignation letter as Sabah Parti Keadilan Rakyat (PKR) head but denied having resigned as a member of the opposition party.

He said he had tendered his resignation letter in June, this year but had not received any respond from the PKR headquarters in Kuala Lumpur.

Ansari said until someone is appointed by the party's national leadership to replaced him, he is now still head of Sabah PKR.

Denying reports in the Press of his leaving PKR, he said the reports were damaging and mischievous.

Meanwhile, Danny Anthony Andipai also denied leaving PKR and to join Sabah Progressive Party (SAPP) if not fielded by PKR as candidate for the Pensiangan parliamentary by-election, if any.

"I had workd so hard to get the petition through court to prove my commitment to PKR. Leaving the party never crossed my mind," he said.

Andipai was successful in his election petition when the Kota Kinabalu Election Court had on Sept 8, 2008 declared Parti Bersatu Rakyat Sabah (PKR) president Tan Sri Joseph Kurup's win uncontested in the Pensiangan parliamentery constituency in the March 8, general elections null and void.

The Court of Appeal is yet to hear Kurup's appeal.

Ansari quits PKR?

Sabah senior lawyer Haji Ansari Abdullah (pix left) had tendered his resignation as Parti Keadilan Rakyat's (PKR) Sabah Liaiason Committee head. A source closed to the party revealed to Aki Momogun that Ansari had submitted his resignation letter last week.

He had also told the State Liaison Committee of his intention to quit but no official words was forthcoming from the party's headquarters.

"There is a gag order on it by the party's leadership," the source said.

In another development, PKR Pensiangan division chairman Danny Anthony Andipai (pix right) is said being called by his supporters to quit the party and to join Sabah Progressive Party (SAPP) which had left Barisan Nasional.

Andipai had not denied nor confirmed the matter and when pressed for answer, he said, "Wait and see."

He also said that the matter arises as his supporters were not happy that PKR Vice President Datuk Dr Jeffrey Kitingan was now actively campaigning for candidacy in the event a by-election is held for the Pensiangan parliamentary constituency.

An Election Court had declared the seat vacant, ruling that the election of Parti Bersatu Rakyat Sabah's president Tan Sri Joseph Kurup's win uncontested in the March 8, 2008 general elections.

Kurup, who is Federal Rural and Regional Development Deputy Minister, had appeal against the decision which is yet to be heard by the Court of Appeal. Kurup lost his seat after his victory was being challenged by Andipai.

Andipai was the PKR candidate in the general elections but his nomination papers was rejected by the returning officer resulting in Kurup being declared the winner. One of Andipai's lawyers in the election petition hearing was Ansari.