Chin Huat has hit the nail on the head
Stephen NgPublished: Aug 27, 2014 9:34 PM | Updated: Aug 27, 2014 9:43 PM
A thorough analysis of the current menteri besar of Selangor crisis by Dr Wong Chin Huat in Malaysiakini has put together one of the best arguments that I read to date.
Simple and straightforward, Dr Wong has raised some very important questions about the involvement of His Royal Highness the Sultan of Selangor in the current crisis, by asking for more than what is allowed by the state constitution. This appears to be the opinion of a number of constitutional law experts within the past two weeks.
It has to be mentioned here that nowhere in the state constitution does it states that the sultan of any particular state has the power to ask for a few candidates to be nominated for HRH’s decision. In any case, as pointed out by Dr Wong, there has to be separation of powers between the constitutional monarchs and the executive branch of government. This is the federal constitution.
Dr Wong has raised a scenario where he asked: If Pakatan won a 70 percent majority vote in the 14th general election, and it clearly has the majority in Parliament, would the Yang di-Pertuan Agong be in a position to ask all the component parties to nominate two or more names for him to decide who would become the next prime minister?
If such a request is made, it would be clearly against the convention. After 57 years of Independence, we are still talking about convention against non-conventional requests. How far can we progress as a nation?
Drawing the parallelism between Article 43(2)(a) of the federal constitution and Article 53(2) (a) of the Selangor state constitution, Dr Wong was able to point out that the same principle and ‘convention’ applies.
I wish to reiterate the clause in Article 53(2) (a) that Dr Wong quoted: “His Royal Highness shall first appoint as menteri besar to preside over the state executive council, a member of the legislative assembly who in his judgment is likely to command the confidence of the majority of the members of the assembly.”
Herein, is clearly stated that HRH has the power of discretion to appoint a lawmaker who is “likely to command the confidence of the majority of the members of the assembly.”
In recent development, it is clear that Khalid Ibrahim no longer command the confidence of the majority. He should immediately resign, and HRH the sultan is obliged to accept the resignation with no further delay. In fact, Khalid has only the support of 12 members from the UMNO bloc, and himself a partyless state assemblyperson.
Based on the state constitution and the fact that (PKR president) Dr Wan Azizah Wan Ismail has the statutory declaration and support of 30 lawmakers, HRH has no choice but to immediately appoint Dr Wan Azizah as the new MB so that a smooth transition of power could take place. It is of utmost priority that the sultan should not allow the state administration to go without a menteri besar that has the support of the majority of the members of the Assembly.
HRH should seek advice of law experts
The question of “likely to command the confidence of the majority” is no longer an issue for Dr Wan Azizah; therefore, by delaying the process would only raise more questions about the role of the sultan in the current debate. With all due respect, HRH should seek the advice of law experts instead of prolonging the crisis, something which I, as a Selangorian, would not like to see.
Questions about Dr Wan Azizah’s capabilities or suitability should no longer be questioned, as she has already proven that she has the support from two of the major component parties in Pakatan. By numbers, she alone has the majroity. In fact, PAS had also indicated that they are ready to give their cooperation to Dr Wan Azizah as the new menteri besar although they would not do it by signing statutory declarations.
To drag the issue further, HRH would not be doing any favour for the state administration or the rakyat of Selangor who have voted for Pakatan. Instead, HRH’s actions could drag the good name of the palace through the mud of politics, and this is one thing that HRH should avoid at all costs.
STEPHEN NG is a chemist by training. He dealt with printing ink, paint and emulsion polymer for 15 years before becoming a freelance writer.
Simple and straightforward, Dr Wong has raised some very important questions about the involvement of His Royal Highness the Sultan of Selangor in the current crisis, by asking for more than what is allowed by the state constitution. This appears to be the opinion of a number of constitutional law experts within the past two weeks.
It has to be mentioned here that nowhere in the state constitution does it states that the sultan of any particular state has the power to ask for a few candidates to be nominated for HRH’s decision. In any case, as pointed out by Dr Wong, there has to be separation of powers between the constitutional monarchs and the executive branch of government. This is the federal constitution.
Dr Wong has raised a scenario where he asked: If Pakatan won a 70 percent majority vote in the 14th general election, and it clearly has the majority in Parliament, would the Yang di-Pertuan Agong be in a position to ask all the component parties to nominate two or more names for him to decide who would become the next prime minister?
If such a request is made, it would be clearly against the convention. After 57 years of Independence, we are still talking about convention against non-conventional requests. How far can we progress as a nation?
Drawing the parallelism between Article 43(2)(a) of the federal constitution and Article 53(2) (a) of the Selangor state constitution, Dr Wong was able to point out that the same principle and ‘convention’ applies.
I wish to reiterate the clause in Article 53(2) (a) that Dr Wong quoted: “His Royal Highness shall first appoint as menteri besar to preside over the state executive council, a member of the legislative assembly who in his judgment is likely to command the confidence of the majority of the members of the assembly.”
Herein, is clearly stated that HRH has the power of discretion to appoint a lawmaker who is “likely to command the confidence of the majority of the members of the assembly.”
In recent development, it is clear that Khalid Ibrahim no longer command the confidence of the majority. He should immediately resign, and HRH the sultan is obliged to accept the resignation with no further delay. In fact, Khalid has only the support of 12 members from the UMNO bloc, and himself a partyless state assemblyperson.
Based on the state constitution and the fact that (PKR president) Dr Wan Azizah Wan Ismail has the statutory declaration and support of 30 lawmakers, HRH has no choice but to immediately appoint Dr Wan Azizah as the new MB so that a smooth transition of power could take place. It is of utmost priority that the sultan should not allow the state administration to go without a menteri besar that has the support of the majority of the members of the Assembly.
HRH should seek advice of law experts
The question of “likely to command the confidence of the majority” is no longer an issue for Dr Wan Azizah; therefore, by delaying the process would only raise more questions about the role of the sultan in the current debate. With all due respect, HRH should seek the advice of law experts instead of prolonging the crisis, something which I, as a Selangorian, would not like to see.
Questions about Dr Wan Azizah’s capabilities or suitability should no longer be questioned, as she has already proven that she has the support from two of the major component parties in Pakatan. By numbers, she alone has the majroity. In fact, PAS had also indicated that they are ready to give their cooperation to Dr Wan Azizah as the new menteri besar although they would not do it by signing statutory declarations.
To drag the issue further, HRH would not be doing any favour for the state administration or the rakyat of Selangor who have voted for Pakatan. Instead, HRH’s actions could drag the good name of the palace through the mud of politics, and this is one thing that HRH should avoid at all costs.
STEPHEN NG is a chemist by training. He dealt with printing ink, paint and emulsion polymer for 15 years before becoming a freelance writer.
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