Sabah State Legislative Assembly
The Sabah State Legislative Assembly (Malay: Dewan Undangan Negeri Sabah, abbreviated DUNS) is the unicameral legislature of Sabah, a Malaysian state on the northern portion of Borneo island, empowered to enact laws on state matters as delineated by the Malaysia Agreement 1963 and the Sabah Constitution.[1] It consists of 73 elected members, known as State Assemblymen (Ahli Dewan Undangan Negeri or ADUNs), representing single-member constituencies determined by the Election Commission of Malaysia, plus up to six nominated members appointed by the Yang di-Pertua Negeri (Governor) to represent specific expertise or communities.[2][3] The assembly convenes in Kota Kinabalu, Sabah's capital, at the Yayasan Sabah Building, and holds sessions to debate legislation, approve state budgets, and scrutinize executive actions.[1] Established following Sabah's integration into Malaysia in 1963, the assembly held its inaugural election in 1967 under the interim administration preceding full statehood structures, with subsequent elections typically every five years unless dissolved earlier by the Chief Minister with gubernatorial assent.[1] The body has been marked by political fluidity, characterized by frequent shifts in ruling coalitions due to defections (katak or frog-hopping) and ethnic-based party dynamics among Sabah's diverse indigenous, Malay, and Chinese populations, leading to multiple government changes even within single terms.[4] As of October 2025, the 16th assembly—elected in September 2020 amid a snap poll triggered by a 2020 political crisis—was dissolved on 6 October by Chief Minister Datuk Seri Hajiji Noor, paving the way for the 17th state election on 29 November, which will contest the same 73 seats amid ongoing debates over resource rights, autonomy, and federal-state revenue sharing under the 1963 agreement.[5][6]Establishment and Constitutional Basis
Formation and Legal Foundations
The Sabah State Legislative Assembly, known as the Dewan Undangan Negeri Sabah, was established on 16 September 1963, concurrent with the formation of the Federation of Malaysia, which incorporated the former Crown Colony of North Borneo (renamed Sabah) alongside Malaya, Sarawak, and Singapore.[7] This transition built upon the pre-existing North Borneo Legislative Council, instituted under British colonial rule in 1950 with partial elections introduced by 1954, which provided 16 elected members out of 33 by the time of Sabah's accession to Malaysia.[8] The 1962 elections to that council, held on 12 December, determined the initial composition that carried over into the new state assembly, enabling Sabah's representatives to endorse the merger terms.[9] The legal foundations of the assembly derive primarily from the Constitution of the State of Sabah, enacted in 1963 to govern its unicameral structure, composition, and procedures, including provisions for up to 73 elected members representing single-member constituencies and up to 8 nominated members appointed by the head of state.[10] This state constitution aligns with the federal framework under the Constitution of Malaysia (effective 31 August 1957, extended to Sabah post-1963), particularly Articles 44–55 on state legislatures and the Ninth Schedule delineating state legislative powers over 37 matters such as land administration, agriculture, and native laws, with Sabah-specific safeguards including immigration control and religious affairs.[11] These arrangements stem from the Malaysia Agreement 1963 (MA63), signed on 9 July 1963 between Britain, Malaya, Sabah, Sarawak, and Singapore, which enshrined Sabah's special status to preserve autonomy in non-federal domains while subordinating it to federal supremacy on defense, foreign affairs, and citizenship.[12] Subsequent amendments to the Sabah Constitution, beginning with Enactment No. 12/1964 effective 18 July 1964, have refined assembly operations, such as vacancy provisions and election timelines, without altering its foundational bicameral counterpart role alongside the Yang di-Pertua Negeri (head of state).[13] The assembly's enactment authority excludes federal matters, ensuring laws assent by the head of state, with judicial oversight from state courts and federal appeals mechanisms to maintain constitutional fidelity.[10]Powers and Jurisdictional Limits
The Sabah State Legislative Assembly exercises legislative authority to enact laws for the State on matters within its jurisdiction, as defined by the Constitution of the State of Sabah and the Federal Constitution of Malaysia.[14][15] Under Article 26 of the State Constitution, this power is exercised through the passage of Bills by a simple majority of members present, followed by assent from the Yang di-Pertua Negeri within 30 days; failure to assent results in automatic enactment, with laws styled as "Enactments" and published in the State Gazette to take effect.[14] These enactments must align with the State Constitution, rendering any inconsistent provisions void under Article 27.[14] The Assembly's jurisdiction encompasses subjects in the State List (List II) and Concurrent List (List III) of the Ninth Schedule to the Federal Constitution, excluding Federal List matters such as defense, external affairs, citizenship, and federal finance.[16][15] Key State List powers include:- Islamic law and the personal and family status of Muslims, including Syariah courts and zakat;
- Land tenure, reservations, acquisition, and transfers;
- Agriculture and forestry;
- Local government administration and housing;
- State works and services, such as roads and water supplies.[16]
Electoral System and Representation
Constituency Structure and Voting Mechanisms
The Sabah State Legislative Assembly comprises 73 single-member constituencies, each electing one representative to the legislature. These constituencies are geographically delineated across the state's districts to approximate equal population representation, with boundaries periodically reviewed and redrawn by the Election Commission of Malaysia (SPR) under federal constitutional provisions to account for demographic shifts. The most recent increase to 73 seats occurred prior to the 2020 state election, expanding from 60 to enhance local representation amid Sabah's growing electorate of over 1.78 million eligible voters as of 2025.[17][2] Elections for these constituencies employ a first-past-the-post (FPTP) voting system, wherein the candidate receiving the highest number of votes in each constituency is declared the winner, regardless of majority threshold. This plurality-based mechanism, standard across Malaysian state assemblies, favors candidates with concentrated support in specific areas and often results in coalition formations post-election due to fragmented vote shares among multi-ethnic parties. Voting occurs via secret ballot at designated polling stations, with eligible voters—Malaysian citizens aged 18 and above, registered on the electoral roll, and residing in the constituency—required to present identification. Early voting is available for specific groups such as police, military personnel, and overseas Sabahans under limited postal provisions, though civil society has advocated for expansions to include students and the disabled ahead of the 2025 polls.[18][19][20] Nomination of candidates, restricted to Malaysian citizens without serious criminal convictions, takes place on a designated day prior to polling, followed by a campaign period typically lasting about two weeks. The state assembly may be dissolved by the Yang di-Pertua Negeri on the advice of the Chief Minister, triggering elections within 60 days, as occurred for the 17th general election scheduled for November 29, 2025. Malapportionment concerns persist, with some constituencies exhibiting voter disparities exceeding constitutional guidelines, prompting calls from organizations like BERSIH for boundary reviews to ensure equitable representation.[6][2]Elected and Nominated Members
The Sabah State Legislative Assembly consists of 73 elected members representing single-member constituencies and up to six nominated members.[14][21] Elected members are selected through direct elections held at least once every five years, using a first-past-the-post voting system in which the candidate with the most votes in each constituency wins the seat.[21] Qualifications for elected membership require candidates to be Malaysian citizens at least 18 years old, resident in Sabah, and not disqualified under federal or state laws, such as for bankruptcy, criminal convictions, or holding certain public offices.[14] Disqualifications also apply to those absent without leave for three consecutive sittings or who resign their seat.[14] Nominated members, limited to a maximum of six, are appointed by the Yang di-Pertua Negeri (Governor of Sabah) via written instrument to serve for a specified term not exceeding the duration of the legislative assembly.[14] These appointments, which do not require election, allow for representation of expertise or interests not captured through electoral contests, though the constitution does not mandate specific criteria beyond general membership qualifications, which mirror those for elected members except for certain foreign citizenship allowances.[14] In the 16th Assembly (2020–2025), six such members were appointed following the election, contributing to a total membership of 79 excluding the Speaker.[21][5]Historical and Recent Election Outcomes
The Sabah State Legislative Assembly has held elections since its inaugural vote in 1967, following the state's integration into the Federation of Malaysia in 1963, with subsequent polls in 1971, 1976, 1979, 1981, 1985, 1986, 1990, 1994, 1999, 2004, 2008, 2013, 2018, and a snap election in 2020 amid political instability.[22] The number of elected seats expanded progressively from 32 in 1967 to 60 by 1999 and 73 since 2013, reflecting population growth and redistricting to enhance representation across diverse ethnic groups including Kadazan-Dusun, Bajau, and Malay communities. Early elections saw dominance by local parties such as the United Sabah National Organisation (USNO) and later Berjaya, transitioning to coalition politics under Barisan Nasional (BN) from the 1990s, which secured repeated majorities through alliances emphasizing federal ties and development funding. BN maintained control through the 2013 state election on 5 May 2013, concurrent with the federal poll, leveraging incumbency and resource distribution despite opposition challenges from Pakatan Rakyat on issues like illegal immigration and resource rights. The coalition's hold broke in the 2018 state election on 9 May 2018, also aligned with the 14th general election, where Parti Warisan Sabah, founded in 2016 as a state-centric alternative, allied with parties like Parti Bersatu Sabah (PBS) and United Pasokmomogun Kadazandusun Murut Organisation (UPKO) to claim a slim majority and install Shafie Apdal as chief minister, capitalizing on voter fatigue with federal-centric governance and promises of greater autonomy under the Malaysia Agreement 1963.[23] Political defections in 2020 eroded Warisan's support, prompting dissolution of the assembly on 30 July 2020 and a snap election on 26 September 2020 amid the COVID-19 pandemic, which featured stringent health protocols and high voter turnout driven by local concerns over economy and migration. The Gabungan Rakyat Sabah (GRS) coalition—comprising UMNO, Parti Pribumi Bersatu Malaysia (Bersatu), STAR, and PBS—emerged victorious with 38 of 73 seats, one above the simple majority threshold, forming a government under Chief Minister Hajiji Noor through post-election alliances including support from BN's remaining seats. Warisan secured 32 seats, Pakatan Harapan (PH) six, and independents and others the rest, reflecting fragmented ethnic voting patterns where GRS appealed to Muslim-majority and indigenous bases wary of opposition disunity.[24][17][25] The 16th Assembly, elected in 2020, focused on post-pandemic recovery and infrastructure but faced criticism over unfulfilled promises on oil royalties and native land rights, contributing to its dissolution on 7 October 2025 ahead of the scheduled 17th election on 29 November 2025, which will test ongoing coalitions amid multi-cornered contests in all 73 seats.[26] Outcomes have consistently hinged on coalition stability rather than outright majorities, underscoring Sabah's role as a bellwether for federal-state tensions in Malaysian politics.Organizational Structure
Presiding Officers and Secretariat
The presiding officers of the Sabah State Legislative Assembly include the Speaker, who chairs proceedings, enforces standing orders, and represents the assembly in external matters, and two Deputy Speakers who assist and preside in the Speaker's absence. The Speaker is typically a non-member of the legislature (non-MLA) appointed by the Yang di-Pertua Negeri on the advice of the Chief Minister for a five-year term, subject to assembly confirmation.[27] Current Speaker Datuk Seri Panglima Kadzim M. Yahya, a trained lawyer and former senator, was reappointed on 1 October 2025 following his initial appointment on 1 October 2020.[28][29] Deputy Speakers Datuk Haji Al Hambra Tun Juhar and Datuk Yong We Kong, both non-MLAs, were appointed on 19 June 2023 to replace prior holders Datuk Ahmad Abdul Rahman and Datuk George Ginibun, serving the remainder of the assembly's term.[30] The secretariat provides administrative, procedural, and logistical support to the assembly, including drafting agendas, recording debates, managing records, and advising on parliamentary practice; it is headed by the Secretary (Setiausaha), who reports to the Speaker. Madam Rafidah Maqbool Rahman serves as the current Secretary.[3] The office is located at Level 4, Bangunan Dewan Undangan Negeri Sabah, with contact lines for administrative inquiries.[31]Party Leaders and Whips
In the Sabah State Legislative Assembly, party leaders typically comprise the head of the ruling coalition's parliamentary caucus, who coordinates government business as the de facto Leader of the House, and the Leader of the Opposition, drawn from the largest non-governing party and recognized by the Speaker to lead scrutiny efforts. These roles facilitate organized debate, agenda management, and accountability, mirroring Westminster-style systems adapted to Malaysia's federal structure under the Sabah State Constitution. Whips, appointed internally by parties or coalitions, enforce attendance, voting discipline, and strategic unity among members, though their appointments in Sabah are often informal and less publicly documented compared to federal Parliament. During the 16th Sabah State Legislative Assembly (convened 26 September 2020 and dissolved 6 October 2025), the ruling Gabungan Rakyat Sabah (GRS) coalition, which held a majority of seats, was led by Chief Minister Datuk Seri Hajiji Noor, who as assemblyman for Sulabayan directed government legislative priorities.[5] The official Leader of the Opposition was Datuk Seri Mohd Shafie Apdal of Parti Warisan Sabah, representing the primary opposition bloc and voicing critiques on state governance, resource allocation, and federal relations.[32] Specific whips for major parties, such as GRS components (including Parti Gagasan Rakyat Sabah and Parti Bersatu Sabah) or Warisan, were not formally gazetted but operated to align votes on key bills, with coalition dynamics often overriding individual party whips due to frequent alliances and defections in Sabah politics. The dissolution of the assembly on 6 October 2025, ahead of the 17th state election on 29 November 2025, vacated all party leadership and whip positions, pending reconstitution of the 73 elected seats (plus up to six nominated members) and reconfiguration of coalitions.[5] This reflects Sabah's volatile multiparty landscape, where leaders and whips must navigate indigenous-majority representation, federal bargains, and local grievances over oil royalties and autonomy.Standing Committees and Their Roles
The Sabah State Legislative Assembly establishes standing committees under its Standing Orders to facilitate oversight, procedural management, and specialized examination of assembly business, with membership drawn from elected members and appointed as needed by the assembly.[33] These committees possess powers to summon persons, examine witnesses under oath, and compel production of documents relevant to their inquiries, subject to assembly approval, enabling detailed scrutiny without full house debate.[33] Key standing committees include the Public Accounts Committee, the Committee of Privileges, and the Standing Committee (Jawatankuasa Tetap), each addressing distinct functions in financial accountability, parliamentary immunities, and house administration. The Public Accounts Committee (Jawatankuasa Kira-Kira Wang Awam), mandated by Article 34 of the Constitution of the State of Sabah, examines annual accounts of state revenues and expenditures to verify compliance with appropriations and identify irregularities in public fund usage.[14] Comprising assembly members, typically chaired by an opposition figure for impartiality, it reviews audit reports from the state auditor-general, conducts hearings, and submits findings with recommendations to the assembly for debate and action, promoting fiscal transparency and deterring mismanagement.[14] As of the 16th Assembly term ending in 2025, the committee actively pursued on-site inspections to assess project implementations, reflecting a proactive approach to oversight.[34] The Committee of Privileges (Jawatankuasa Hak-Hak dan Kebebasan) investigates alleged breaches of assembly privileges, immunities, or contempt against members, as empowered by the Legislative Assembly (Privileges, Immunities and Powers) Enactment 1963. It deliberates on complaints, hears evidence, and recommends sanctions such as censure or referral to authorities, safeguarding the assembly's operational integrity and members' freedom of speech within proceedings.[33] This committee ensures adherence to ethical standards, with reports presented to the full assembly for ratification. The Standing Committee (Jawatankuasa Tetap) manages internal procedural matters, including selection of bills for debate, enforcement of standing orders, and coordination of house business, chaired by the Speaker or deputy as of 2025 with members such as Datuk Haji Kadzim Haji M. Yahya (chair), Datuk Jahid Jahim, and Datuk Ir. Shahelmey Bin Yahya.[35] It reviews and proposes amendments to rules of procedure, facilitating efficient assembly operations and addressing administrative efficiencies, distinct from ad hoc select committees formed for specific legislative inquiries.[33] These committees collectively enhance the assembly's capacity for specialized review, though their effectiveness depends on active membership and cross-party engagement.[3]Legislative Procedures
Sessions, Sittings, and Agenda Setting
The Yang di-Pertua Negeri issues a proclamation summoning the Legislative Assembly to its first sitting after a general election or prorogation, marking the start of a session that continues until prorogation or dissolution. Subsequent sittings within a session are scheduled by the Leader of the House, who must provide at least 28 days' notice, though this may be varied by agreement or necessity; emergency sittings can be called by the Speaker upon the Chief Minister's request.[36] The Constitution mandates that no more than six months elapse between the last sitting day of one session and the first sitting day of the next, ensuring regular legislative activity.[14] Sittings, the operational units of sessions, require a quorum of at least one-quarter of the total membership (73 elected plus up to six nominated members); if quorum is challenged and not met after a brief interval, the Speaker adjourns the sitting. Proceedings adhere to decorum rules, with members assigned seats and prohibited from disruptive actions, such as reading extraneous materials or engaging in disorderly conduct, which may result in suspension. The Assembly's term begins on the date of its first sitting post-election and lasts up to five years unless dissolved earlier, with automatic dissolution occurring if not reconvened timely.[14][37] Agenda setting follows the Standing Orders, with the daily order of business published in the Order Book and accessible to members; government business holds precedence, but alterations can occur via motions. Under Order 13, a typical sitting sequence includes the Speaker's entry, prayers, affirmation of oaths if required, the Yang di-Pertua Negeri's address (at session openings), oral and written questions to ministers, presentation of papers and reports, motions (requiring seven days' notice for private members or two days for ministers, with exceptions for urgency or privilege), and public business such as bill debates. Adjournment motions allow discussion of definite urgent public matters, potentially shifting priorities, while committee reports and supply business receive allotted times.[36] The Speaker oversees enforcement, ensuring relevance in amendments and maintaining procedural integrity.[36] In practice, sessions often occur three times yearly—around April, August, and October—though schedules adapt to legislative needs; for example, the second session of 2025 convened in July for two days, tabling four bills alongside questions and motions. The 16th Assembly dissolved on 6 October 2025, paving the way for elections.[38][37][39]Bill Introduction, Debate, and Passage
Bills in the Sabah State Legislative Assembly, known as the Dewan Undangan Negeri, are primarily government-sponsored initiatives introduced by Cabinet members, though private members' bills may be proposed by individual assemblymen subject to two clear days' notice for leave to introduce.[36] Financial bills, involving expenditure from the Consolidated Fund, must be introduced exclusively by a Cabinet member.[14] The process adheres to the Assembly's Standing Orders and unfolds over three readings during scheduled sittings. At the first reading, the bill's long title is read by the Clerk without debate or vote, after which it is printed, circulated to members, and scheduled for a second reading on a specified future date.[36] The second reading follows a motion that the bill be read a second time, opening debate on its general principles, merits, and policy implications; amendments to the motion are permissible, and passage requires a simple majority vote.[36] If approved, the bill advances to the committee stage, where it is examined clause by clause either by a Committee of the Whole Assembly or a Select Committee, allowing detailed scrutiny, proposed amendments (with 24 hours' notice for substantive changes), and votes on individual provisions.[36] The committee reports its findings, including any amendments, back to the Assembly for consideration.[36] At the third reading, a motion addresses the bill's final contents as amended, with debate permitted but limited to minor corrections approved by the Speaker; amendments are rare at this stage, and passage again demands a simple majority.[36] Upon approval, a certified copy is forwarded to the Yang di-Pertua Negeri for assent, which must occur within 30 days; absent assent, the bill automatically becomes law as an Enactment, effective upon publication in the State Gazette.[14] Voting throughout occurs by voices or division, with results recorded alphabetically if contested.[36]Oversight and Questioning Mechanisms
The Sabah State Legislative Assembly holds the executive accountable primarily through oral and written questions posed by members to the Chief Minister and state ministers on administrative matters and public policy implementation. Oral questions, requiring immediate responses, are prioritized during dedicated Question Time sessions held daily from Monday to Thursday, lasting one hour from 10:00 a.m. to 11:00 a.m., enabling direct scrutiny of government operations. Written questions, submitted in advance, receive responses that may be debated if deemed necessary by the Speaker.[40] Financial oversight is conducted via the Public Accounts Committee (PAC), appointed under Article 34 of the State Constitution, which examines audited government accounts, revenue expenditures, and compliance with budgetary allocations approved by the Assembly. The PAC, typically chaired by an opposition member to ensure impartiality, reviews reports from the State Auditor-General, summons public officials for testimony, and issues recommendations to prevent mismanagement or irregularities, with findings tabled for Assembly debate.[41] The Committee of Privileges further supports oversight by investigating alleged breaches of Assembly privileges or contempt, such as misleading statements or interference in proceedings, drawing on procedures aligned with House of Commons practices to maintain executive adherence to legislative authority. Ad hoc select committees may be formed by resolution for targeted inquiries into specific issues, enhancing accountability beyond routine sessions.[3]Historical Evolution
Pre-Federation Legislative Bodies
The British North Borneo (Chartered) Company administered the territory from 1881 to 1946 through a centralized structure led by a Governor, under the oversight of the Company's Court of Directors in London.[42] A nominated Legislative Council provided advisory input on legislation, with its formal framework established via the Legislative Council Ordinance of 1912; members were appointed officials and select unofficials without electoral elements, focusing on enacting ordinances related to revenue, administration, and local governance.[43] This body lacked independent legislative authority, as all enactments required Company approval, reflecting the commercial-colonial governance model prioritizing resource extraction and order over representative democracy.[44] After Japanese occupation ended in 1945, North Borneo transitioned to direct Crown rule as a colony on 15 July 1946, incorporating Labuan and initially governed via military administration until civilian resumption.[45] A provisional Advisory Council, comprising officials and nominated locals, operated from July 1946 to offer non-binding advice on policy amid post-war reconstruction.[8] Formal constitutional progress occurred with the inauguration of Executive and Legislative Councils in October 1950, supplanting the Advisory Council; the Legislative Council included the Governor as president, seven ex-officio official members (senior administrators), and five nominated unofficial members representing ethnic and commercial interests.[46] This 12-member body held legislative powers for local ordinances on matters like taxation and public works, subject to the Governor's veto and British Colonial Office scrutiny, marking an initial step toward unofficial participation without elections.[47] Decolonization accelerated in the late 1950s with indirect representation via local councils; the first district and town board elections occurred in December 1962 on a partisan basis, covering limited urban and rural areas to build electoral experience.[48] A 1962 constitutional conference led to internal self-government on 31 August 1963, renaming the territory Sabah and establishing a 33-member Legislative Assembly under a new framework: 16 seats directly elected in April 1963 (won overwhelmingly by the Party Ra'ayat, securing control), six ex-officio, six nominated by the Governor, and five indirectly elected from local councils.[8] This elected-majority assembly debated and approved merger into Malaysia via resolutions on 12 September 1962 and subsequent affirmations, transitioning its structure into the state legislature post-federation on 16 September 1963.[49]Post-1963 Assemblies and Reforms
Following the formation of the Federation of Malaysia on 16 September 1963, which incorporated the former Crown Colony of North Borneo as the State of Sabah, the pre-existing Legislative Council was reconstituted as the unicameral Sabah State Legislative Assembly (Dewan Undangan Negeri Sabah). This transition was governed by the Constitution of the State of Sabah, enacted as an integral component of the Malaysia Agreement 1963, which delineated state legislative powers over matters such as land, immigration, and native customary rights to preserve Sabah's distinct status within the federation.[50][51] The assembly initially operated with an appointed Yang di-Pertua Negeri (governor) and a mix of elected and nominated members, serving as an interim body to bridge colonial governance and elected state representation.[52] The first direct general election for the assembly occurred between 8 April and 23 April 1967, electing 32 members across constituencies delineated in 1966, with the Sabah Alliance coalition—comprising parties like the United Sabah National Organisation (USNO) and United Pasokmomogun Kadazan Organisation (UPKO)—securing a majority to form the government under Chief Minister Peter Lo Su Yin.[53][54] This poll, the inaugural post-federation state election, emphasized local issues including autonomy assurances and opposition to perceived federal overreach, reflecting Sabah's integration challenges within Malaysia.[55] Voter turnout and party alignments during this period underscored the dominance of multi-ethnic coalitions, setting a precedent for assembly politics dominated by alliances until the 1970s.[7] Constitutional reforms progressively adapted the assembly to demographic and administrative needs. The Enactment No. 12 of 1964 amended Articles 14(1) and 59, refining the assembly's composition and procedural frameworks effective 18 July 1964.[13] A significant 1976 amendment (Enactment No. 17), effective 27 August 1976, revised Articles 14(1)(c), 15, and 21 to expand membership provisions, clarify Speaker and Deputy Speaker roles, and update election and vacancy protocols, coinciding with shifts in federal-state dynamics post the 1976 constitutional downgrading of Sabah and Sarawak's equal partner status.[13] Later adjustments, including the 1995 Enactment No. 11 effective 9 November 1995, further refined oversight mechanisms under Articles 15A and 22.[13] These changes facilitated seat increases—from 32 in 1967 to 48 by the 1985 election, 60 in 1994, and 73 elected plus up to six nominated members by the 2020 term—to mirror population growth and enhance representation, though critics have noted resultant gerrymandering risks in boundary reviews.[56]Timeline of Major Constitutional Changes
The Sabah State Constitution, effective from 31 August 1963 upon the formation of Malaysia, established the State Legislative Assembly as the unicameral legislature with powers to enact laws on state matters, subject to federal oversight under the Malaysia Agreement 1963.[57] Initial provisions under Articles 14 and 21 defined the assembly's composition (initially 32 elected members plus ex officio and nominated members) and dissolution procedures, with elections required within 60 days of dissolution.[13]| Effective Date | Enactment | Key Changes Affecting the Legislative Assembly |
|---|---|---|
| 18 July 1964 | No. 12/1964 | Amended Article 14(1) to remove ex officio members from the assembly's composition, streamlining it toward elected and nominated representatives only; also adjusted executive appointment processes under Articles 6 and 7.[13] |
| 27 September 1973 | No. 8/1973 | Inserted Article 5A declaring Islam the state religion, a provision passed by the assembly despite prior inter-governmental assurances of secular safeguards in Sabah's founding documents; this shifted cultural policy implications without directly altering assembly structure. |
| 27 August 1976 | No. 17/1976 | Revised Articles 14(1)(c) and 21 to modify nominated member appointments, election timelines, and vacancy fillings, aiming to enhance assembly continuity amid federal-state tensions.[13] |
| 9 November 1995 | No. 11/1995 | Added Article 6(7), requiring the Yang di-Pertua Negeri to appoint the Chief Minister from the assembly member commanding majority support, in response to post-1985 and 1994 political crises involving defections and unstable governments; also refined Article 21(5) on vacancies considering party strength.[58][13] |
| 25 May 2023 | Constitution (Amendment) Enactment 2023 | Enacted anti-party hopping provisions, disqualifying assembly members who resign from or switch parties mid-term; simultaneously repealed Article 6(7), reverting Chief Minister appointments to discretionary judgment of majority confidence without explicit party-based criteria, amid debates on gubernatorial powers and stability.[59][60] |
Political Dynamics and Influence
Composition Across Terms and Party Dominance
The Sabah State Legislative Assembly's composition has historically reflected a fragmented and dynamic political environment, characterized by multi-ethnic coalitions, frequent defections, and shifts between local indigenous-led parties and federal-aligned groups. From the assembly's establishment after Sabah's incorporation into Malaysia in 1963, early terms saw dominance by the Sabah Alliance, comprising the United Sabah National Organisation (USNO) and other local parties appealing to indigenous Kadazan-Dusun and Muslim Bumiputera communities, though specific seat breakdowns for the 1967 election (32 seats total) indicate a consolidation of power under this coalition without strong opposition challenges.[61] By the 1976 election (32 seats), the Berjaya party, formed as a breakaway emphasizing anti-corruption and development, ousted USNO, securing a majority through alliances with federal Barisan Nasional (BN) elements, marking the onset of closer federal ties. The 1980s and early 1990s witnessed the rise of Parti Bersatu Sabah (PBS), a multi-racial party led by Joseph Pairin Kitingan, which capitalized on non-Muslim indigenous support to challenge federal dominance. In the 1985 election (32 seats), PBS won 25 seats, forming government and ending Berjaya's hold.[62] This was reinforced in the 1986 snap election (32 seats), where PBS secured 34 seats amid instability.[62] The 1990 election expanded to 48 seats, with PBS retaining 36, maintaining control through strong Kadazan-Dusun and Chinese backing.[62] However, defections and federal pressure led to PBS's loss in 1994 (48 seats), where it won 25 seats against BN's 23, enabling UMNO-led BN to form government via crossovers.[62] BN, particularly UMNO, entrenched dominance from the mid-1990s through gerrymandering, resource allocation, and alliances with local parties, achieving supermajorities in subsequent terms. In 1999 (48 seats), BN captured 31 seats to PBS's 17.[62] By 2004 (60 seats), BN swept 59 seats, including 32 for UMNO and 13 for PBS as a component.[62] This pattern persisted into the 2008 (60 seats) and 2013 (60 seats) elections, where BN secured overwhelming victories, often exceeding 40 seats, bolstered by incumbency and federal development funds despite underlying ethnic tensions and corruption allegations.[63] The 2018 election (60 seats) disrupted BN's hold, with Warisan—a Sabah nationalist party founded by Shafie Apdal—securing 21 seats alongside Pakatan Harapan (PH) allies (e.g., 6 DAP, 4 PKR), forming a coalition government totaling around 35 seats through post-election support, amid anti-federal sentiment tied to Malaysia Agreement 1963 (MA63) grievances.[64] This shifted in the 2020 snap election (73 seats, expanded due to redistricting), where Gabungan Rakyat Sabah (GRS)—a local coalition including Sabah STAR (17 seats), BN/UMNO (14), and PBS (7)—won 38 seats, edging out Warisan Plus's 32 (Warisan 23, DAP 6, PKR 2, UPKO 1) and 3 independents, forming government after further defections.[25] The 16th Assembly, dissolved on October 6, 2025, exemplified ongoing instability, with GRS maintaining a slim majority via alliances until the impending 17th election.[25]| Election Year | Total Elected Seats | Dominant Outcome (Seats for Leading Coalition/Party) |
|---|---|---|
| 1985 | 32 | PBS: 25 |
| 1990 | 48 | PBS: 36 |
| 1994 | 48 | PBS: 25 (BN formed government via defections) |
| 1999 | 48 | BN: 31 |
| 2004 | 60 | BN: 59 |
| 2018 | 60 | Warisan + allies: ~35 (post-election coalition) |
| 2020 | 73 | GRS: 38 |