Axed exco member attacks PAS rep on Chinese schools
Ahmad Fadli KCPublished: Aug 15, 2014 4:00 AM | Updated: Aug 16, 2014 5:01 AM
Inter-Pakatan acrimony continues to boil over the Selangor menteri besar fiasco, with former DAP exco member Teng Chang Khim calling PAS exco member Halimah Ali's denial of plans to dissolve the assembly "untrustworthy and hypocritical".
Inter-Pakatan acrimony continues to boil in Selangor, with former DAP state executive councillor Teng Chang Khim calling PAS exco member Halimah Ali's denial of plans to dissolve the assembly "untrustworthy and hypocritical".
Asked at the State Secretariat building on the claims by Teng and DAP that Khalid is planning to dissolve the state assembly, Halimah (left) told reporters, "I have no idea about this matter."
Responding to Halimah, who is in charge of education, Teng said she had in the past been problematic, citing a case over state allocations for Chinese schools.
"There are several examples before this, among them funds that were promised by the state to private Chinese schools. However, she dragged her feet in handing out the allocations," he claimed.
According to Teng, one of the five state exco members whom Khalid has sacked, while another had resigned, Selangor has since 2009 been giving up to RM2 million annually to four private Chinese schools.
He claimed that beginning this year, the recipients were asked to fill in forms and fulfil various conditions in order to receive the funds.
Halimah, who is Selat Klang assemblyperson, is one of the four PAS exco members remaining in Khalid's state cabinet, in accordance with their party's instructions.
The other three are PAS state commissioner Iskandar Ab Samad, Sallehen Mukhyi (Sabak) and Ahmad Yunus Hairi (Sijangkang).
Khalid sacked the DAP and PKR members of the state cabinet following his expulsion from the party, after the exco members urged him to step down gracefully.
‘Apex court decision says Khalid must resign’
Agreeing with Teng, Universiti Malaya law professor Gurdial S Nijar said if we look at the Federal Court decision in the Perak case (Mohammad Nizar Jamaluddin vs Zambry Abdul Kadir case), Khalid should step down.
“The court (in the Perak case) said the MB should take the honourable way out by tendering his resignation and the resignation of the executive council."
“If the MB refuses or does not tender his resignation and that of the exco members, the fact remains that that the executive council is dissolved (which include the MB).”
Hence, Gurdial said it was not necessary for the sultan to remove the MB and the exco members.
As to whom the sultan should appoint, the court is clear, said Gurdial.
“His Royal Highness must appoint someone who has the command and confidence of the majority of the members of the legislative assembly where in the Perak case, the court said that ‘in the present case there is no doubt that Zambry (new MB) has the majority support of the members of the assembly’.
“All that remains now is for the sultan to act urgently and make the decision in accordance with the law as established by the Federal Court; and immediately reassert the neutral role of a constitutional monarch,” he said.
He emphasised that following the Perak case precedent, it is not a question of following, or not, a decision that is “wrong” or a “travesty of justice”.
It is, he said, a matter of simply of relying upon principles clearly declared to be applicable by the highest court of the land.
“Inasmuch as the then-MB had to adhere to the ruling and relinquish his post, by the same token the same must necessarily apply to the present Selangor embattled MB.”
Selangor crisis today
10.23am: Law experts say the sultan needs to appoint a new MB after 30 out of 56 Selangor reps pledge support for Wan Azizah
11am: The document by PKR detailing Khalid's alleged faults is distributed in Sarawak
12pm: An axed exco member accuses PAS exco member Halimah Ali of withholding funds for Chinese schools
12.47pm: Merdeka Centre says Selangor voters' confidence in Pakatan is eroded due to the crisis
3.21pm: PAS sources say party reps stayed on the exco to stop Umno from being appointed
4.19pm: Shoring up Wan Azizah, PKR reminds PAS that Islam does not look at gender
4.2pm: Anti-Khalid activists ties their hand to the Selangor secretariat building gate in protest
5pm: Although the syura council urges PAS leaders to back Khalid, its vice president Husam Musa tells the MB to resign
8.28pm: Khalid says dissolving the assembly is an option to an the end crisis
9.30pm: Selangor PAS sends report on pro-Wan Azizah duo to leadership for disciplinary action
Asked at the State Secretariat building on the claims by Teng and DAP that Khalid is planning to dissolve the state assembly, Halimah (left) told reporters, "I have no idea about this matter."Responding to Halimah, who is in charge of education, Teng said she had in the past been problematic, citing a case over state allocations for Chinese schools.
"There are several examples before this, among them funds that were promised by the state to private Chinese schools. However, she dragged her feet in handing out the allocations," he claimed.
According to Teng, one of the five state exco members whom Khalid has sacked, while another had resigned, Selangor has since 2009 been giving up to RM2 million annually to four private Chinese schools.
He claimed that beginning this year, the recipients were asked to fill in forms and fulfil various conditions in order to receive the funds.
Halimah, who is Selat Klang assemblyperson, is one of the four PAS exco members remaining in Khalid's state cabinet, in accordance with their party's instructions.
The other three are PAS state commissioner Iskandar Ab Samad, Sallehen Mukhyi (Sabak) and Ahmad Yunus Hairi (Sijangkang).
Khalid sacked the DAP and PKR members of the state cabinet following his expulsion from the party, after the exco members urged him to step down gracefully.
‘Apex court decision says Khalid must resign’
Agreeing with Teng, Universiti Malaya law professor Gurdial S Nijar said if we look at the Federal Court decision in the Perak case (Mohammad Nizar Jamaluddin vs Zambry Abdul Kadir case), Khalid should step down.
“The court (in the Perak case) said the MB should take the honourable way out by tendering his resignation and the resignation of the executive council."
“If the MB refuses or does not tender his resignation and that of the exco members, the fact remains that that the executive council is dissolved (which include the MB).”
Hence, Gurdial said it was not necessary for the sultan to remove the MB and the exco members.
As to whom the sultan should appoint, the court is clear, said Gurdial.
“His Royal Highness must appoint someone who has the command and confidence of the majority of the members of the legislative assembly where in the Perak case, the court said that ‘in the present case there is no doubt that Zambry (new MB) has the majority support of the members of the assembly’.
“All that remains now is for the sultan to act urgently and make the decision in accordance with the law as established by the Federal Court; and immediately reassert the neutral role of a constitutional monarch,” he said.
He emphasised that following the Perak case precedent, it is not a question of following, or not, a decision that is “wrong” or a “travesty of justice”.
It is, he said, a matter of simply of relying upon principles clearly declared to be applicable by the highest court of the land.
“Inasmuch as the then-MB had to adhere to the ruling and relinquish his post, by the same token the same must necessarily apply to the present Selangor embattled MB.”
Selangor crisis today
10.23am: Law experts say the sultan needs to appoint a new MB after 30 out of 56 Selangor reps pledge support for Wan Azizah
11am: The document by PKR detailing Khalid's alleged faults is distributed in Sarawak
12pm: An axed exco member accuses PAS exco member Halimah Ali of withholding funds for Chinese schools
12.47pm: Merdeka Centre says Selangor voters' confidence in Pakatan is eroded due to the crisis
3.21pm: PAS sources say party reps stayed on the exco to stop Umno from being appointed
4.19pm: Shoring up Wan Azizah, PKR reminds PAS that Islam does not look at gender
4.2pm: Anti-Khalid activists ties their hand to the Selangor secretariat building gate in protest
5pm: Although the syura council urges PAS leaders to back Khalid, its vice president Husam Musa tells the MB to resign
8.28pm: Khalid says dissolving the assembly is an option to an the end crisis
9.30pm: Selangor PAS sends report on pro-Wan Azizah duo to leadership for disciplinary action
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