KOTA KINABALU: Minister in the Prime Minister’s Department (Legal Affairs) Datuk Liew Vui Keong (pix) respects the judgement of the Kota Kinabalu High Court which decides that the appointment of Datuk Amarjit Singh as director of the Sabah State Water Department (JANS) as invalid.
Liew, in a statement here today, however, said that the decision of the Court of Appeal on the matter was also being awaited.
He said this was because Section 3 of the Sabah Water Supply Enactment 2003 was not applicable to the director of the Sabah State Water Department.
‘’By using the literal interpretation approach, the director cannot be equated with ‘officer’ as stated in Section 3 (2) of the enactment.
‘’Section 3 (2) cannot be read separately without taking into account Section 2 which defines the State Water Authority,’’ he said.
Clarifying further, Liew said Section 2 in the enactment defined Water Authority as the director of the Sabah State Water Department.
As such, the director of the Sabah State Water Department was not an ‘officer’ as stated in Section 3(2) of the enactment, he said.
On Oct 9, the High Court in Kota Kinabalu declared the appointment of Amarjit as invalid because it contravened Section 3 of the Water Supply Enactment 2003.
The ruling was made by Judge Ravinthiran R. Paramaguru on a case filed by former Sabah Chief Minister Datuk Yong Teck Lee, who is also Sabah Progressive Party (SAPP) president on March 19 to obtain a court declaration that the appointment of Amarjit in August last year was not in accordance with the law. — Bernama
