Selangor state assembly speaker Teng Chang Khim has accused Badrul Hisham Abdullah of lying about his attendance at the November state assembly sitting.

NONEAt a press conference today, Teng said that Badrul Hisham’s defence was a “blatant lie”.

"I wish to take this opportunity to rebut the statement made by Badrul Hisham that he was present at the opening ceremony of the legislative assembly on Nov 8.

"The only opening ceremony of the third session of the 12th legislative assembly was held on Apr 12 and officiated by the Sultan of Selangor.

“The sitting in November was the annual budget session where no opening ceremony was held,” said Teng.

On Wednesday, Teng announced that he had declared the Port Klang seat vacant after Badrul Hisham failed to attend the assembly sitting, without leave, since July 16 last year.

Teng said that he has submitted a notice to the Election Commission today to notify them of the vacancy today. The EC now has 60 days to hold a by-election.

He stressed that since the seat has been declared vacant, Badrul Hisham would not be allowed to participate in the state assembly sitting on Monday.

"Only state assemblypersons will be allowed into the chambers of the House,” he said.

“As far I’m concern the declaration of vacancy has been made. He is no more a Yang Berhormat... he is only a ‘Yang bahagia’ and only Yang Berhormat’s are allowed to enter the chamber,” said Teng.

Letter received in December

NONECiting the attendance list of the Nov 8 sitting from the Hansard (left), Teng pointed out that Badrul Hisham’s was marked as absent and that the he did not sign in for attendance.

To prove his point, Teng also provided copires of the letter from Badrul Hisham which he received on Dec 10. It was not properly dated and only states “November 2011" as the sending date.

“For the information of the speaker, I am seeking traditional treatment in Pahang. As of that matter, I apologise for not informing you about this matter sooner,” wrote Badrul Hisham in the letter.

In the letter, Badrul Hisham also specified that he was unable to attend the sitting between Nov 8 until 16.

“Obviously, Badrul (Hisham) has told a blatant lie to defend his fatal mistake. In fact I do not have to rebut him in this manner.

“However, to protect the integrity of the speaker’s office and the disperse the public confusion on the matter, I have no option but to reveal the relevant documents,” he added.

‘PM believed a lie’

Article 69 of the state constitution provides that if a member of the state legislature is absent without leave from the speaker for six months, then the seat is considered vacant.

NONEBadrul Hisham, who quit PKR in 2009 and joined Umno May last year, is expected to challenge Teng’s declaration in court.           

When asked to comment on this, Teng, who is formerly a lawyer, was unperturbed by the potential legal wrangling.

“So be it... it is up to him. I have done my job... whether it can be challenged or not, the court will interpret it. I cannot make decisions for the court.”

Teng also lashed out at Prime Minister Najib Abdul Razak for supporting Badrul Hisham’s excuse rather than the explanation of the speaker.

“I believe, the prime minister has also been misled by Badrul Hisham lie. He will by now have a clearer picture of the matter. It is crystal clear that there is no factual contradiction.

“I’m appalled that the prime minister had chosen to believe an errant assemblyperson rather the speaker of the legislative assembly who is carrying out his duty in accordance with law supported by official record,” said Teng.

Wan Junaidi flayed

Meanwhile, Teng also admonished Parliament’s deputy speaker Wan Junaidi Jaafar for his comments which appeared in the media, suggesting that the vacancy of the Port Klang seat can only be decided by a collective decision of the state assembly.

Teng said that this would have been correct if the seat in question was in the Dewan Rakyat, in accordance to Article 52 of the Federal Constitution, but this was not a provision in the state constitution.

The state constitution reads: “If a member of the Legislative Assembly is without the leave of the speaker [...] (is) absent from every sitting thereof for a period of six months his seat shall be declared vacant by the speaker”.

“It does not take a lawyer to understand the difference between the two clauses and the difference between the House and the Speaker.

“Perhaps Wan Junaidi may have to go back to law school or (learn) English to do a revision course if he fails to understand the difference,” Teng said mockingly.

He adds that the Election Commission must adhere to provisions in the state constitution and recognise his declaration of the vacancy.

“It is not the business of the EC to decide on the behalf of the speaker or to dispute the declaration made by the speaker.

“It is an act of contempt of the House and the Laws of the Constitution of Selangor is the EC were to do so. Please read the law conscientiously,” he said.

Not act of revenge

Quizzed if the declaration of vacancy was an “act of revenge” as claimed by Badrul Hisham, Teng said: “The decision was made by the speaker of the assembly... not by Pakatan Rakyat. It was made in accordance with the Selangor’s constitution. Not at a Pakatan meeting.”

He added that Badrul Hisham’s vacancy will not hamper the emergency sitting next week as the two thirds majority needed to pass any constitutional amendments is based on the total number of seat of the house which is 56.

The assembly will sit next week where an enactment of the state legislature will be tabled to amend the constitution to grant the Selangor Sultan and the menteri besar the power to appoint the state secretary and other important positions.

This follows the state disagreement over the federal government’s appointment of Mohd Khusrin Munawi’s appointment as the new state secretary.

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