BN's 'Perak Move' shows Khalid need not wait
Ahmad Fadli KCPublished: Aug 15, 2014 6:00 AM | Updated: Aug 15, 2014 3:24 PM
A former Selangor DAP executive councillor has told Menteri Besar Abdul Khalid Ibrahim that the menteri besar crisis that hit in Perak in 2009 is a fine example of a state assembly dissolution not being needed.
A former Selangor DAP executive councillor has told Menteri Besar Abdul Khalid Ibrahim that the menteri besar crisis that hit in Perak in 2009 is a fine example of a state assembly dissolution not being needed.
Teng Chang Khim reminded Khalid that the Perak crisis witnessed the change of menteri besar without a special state assembly session to cast a vote of no confidence in the then current menteri besar.
“The only option for him (Khalid) is to resign or disband the state assembly.
“Now, the game is over for him.” Teng (right) told a press conference at the Selangor State Secretariat (SUK) building today.
“Based on the Perak case, no dissolution. It is not necessary to do so,” he said.
Yesterday, PKR president Dr Wan Azizah Wan Ismail announced that she has 30 assemblypersons backing her to replace Khalid as menteri besar, which represents the simple majority required.
However, Khalid refused to relent, saying Wan Azizah's majority must be "translated" into a vote of no confidence in the next state assembly sitting, due to be held in November, and that he would remain as menteri besar in the interim.
PKR vice-president N Surendran rebutted Khalid on this.
Surendran cited Article 53(6) of the Selangor constitution, which states that if the menteri besar "ceases to command the confidence of the majority", he shall tender his resignation and that of state executive council.
In 2009 BN took over the Perak government after three Pakatan assemblypersons defected to become 'BN-friendly'.
The sultan of Perak then moved to granted the post of menteri besar to BN's Dr Zambry Abd Kadir, by virtue of the simple majority he had thus obtained.
'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
Teng Chang Khim reminded Khalid that the Perak crisis witnessed the change of menteri besar without a special state assembly session to cast a vote of no confidence in the then current menteri besar.
“The only option for him (Khalid) is to resign or disband the state assembly.“Now, the game is over for him.” Teng (right) told a press conference at the Selangor State Secretariat (SUK) building today.
“Based on the Perak case, no dissolution. It is not necessary to do so,” he said.
Yesterday, PKR president Dr Wan Azizah Wan Ismail announced that she has 30 assemblypersons backing her to replace Khalid as menteri besar, which represents the simple majority required.
However, Khalid refused to relent, saying Wan Azizah's majority must be "translated" into a vote of no confidence in the next state assembly sitting, due to be held in November, and that he would remain as menteri besar in the interim.
PKR vice-president N Surendran rebutted Khalid on this.
Surendran cited Article 53(6) of the Selangor constitution, which states that if the menteri besar "ceases to command the confidence of the majority", he shall tender his resignation and that of state executive council.
In 2009 BN took over the Perak government after three Pakatan assemblypersons defected to become 'BN-friendly'.
The sultan of Perak then moved to granted the post of menteri besar to BN's Dr Zambry Abd Kadir, by virtue of the simple majority he had thus obtained.
'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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