Abu Bakar Jais JCA:

Introduction

[1] This is an appeal against the decision of the High Court on 21 August 2020 delivered by the learned Judicial Commissioner ("JC") who dismissed the application by the appellants for leave of the judicial review. This application involves largely a challenge against the decision made by the 1st respondent on the request of the 2nd respondent for the dissolution of the 15th Sabah State Legislative Assembly ("SLA") on 30 July 2020.

[2] The application emanated from the uncertain and tumultuous political situation that debased the orderly administration of the State of Sabah not long after the convening of that SLA.

[3] In deciding this appeal, this Court will among others address the issue of what is justiciable before the High Court and this Court. Also of greater importance to be discussed is whether the ultimate issue in this case in itself is not justiciable. The relevant provisions of the Sabah Constitution and certain common law principles will also be highlighted. This is undertaken to determine the propriety of the actions of the 1st and 2nd respondents, towards dissolving the SLA.

[4] In view of the dynamics of Sabah's politics, rapid