Deputy chairpersons of Negri Sembilan's executive council portfolios do not have executive powers but are merely "assisting the Menteri Besar (MB)", contends State Assembly Speaker Lilah Yassin.

"We have no exco powers. Deputy chairpersons are merely assisting the MB in carrying out the functions of government," said Lilah, recently appointed as vice-chair of the state's Islamic affairs portfolio, when contacted today.

"We may take over the chairing of committee meetings if we are ordered to do so in the chairperson's absence, but this doesn't mean we have the powers of that chairperson. As state government officials, anybody can assist the MB when needed," he added.

He said this when queried on the constitutionality of Negri Sembilan MB Mohamad Hasan's move to add 18 state assembly members as deputy chairpersons to the previously ten state portfolios.

The reshuffle, announced on Wednesday, would also signify a revamp leading to a total of 16 portfolios, six of which would come under the MB.

Article 38 (2) of the state constitution stipulates that the MB can appoint "not more than ten and not less than four" members of the legislative assembly to the executive council.

More posts for BN reps

Citing this provision, opposition assemblyperson Loke Siew Fook (DAP - Lobak), has criticised the appointments as merely part of efforts to "create more government positions for Barisan Nasional representatives."

While Mohamad had defended the revamp as part of efforts towards efficiency, other bodies around the world are trying to become more manageable by downsizing, said Loke.

He also alleged the term 'deputy chairperson' as merely a ruse to get around the limit of appointing ten exco members.

"The position of vice-chair is still equal to the position of deputy excos," said Loke when contacted.

"We are against the appointments in principle because there would be no check and balance or balance of power if these assembly members are added to the portfolios," he added.

The appointment of 18 BN assemblypersons from the total of 36 state legislators, of whom only two are opposition leaders, would tip the balance even more in favour of the executive branch of government, said Loke.

"The executive or administrative branch is supposed to be accountable and answer to the legislature.

"In this case, even before the appointment of 18 assemblypersons to the administrative branch, most BN legislators have toed the line and have never dared to question the executive," said Loke.

"What more when they are now part of the administration. This is an act of complete disrespect to the doctrine of separation of power," he added.

Speaker's position in question

Furthermore, asked Loke, how can Lilah as state assembly speaker be appointed to a state portfolio when the speaker is supposed be an independent and objective moderator of state assembly proceedings.

"As speaker he is supposed to be independent. How can this be possible when he is now a representative of the executive branch? This is a clear conflict of interest," said Loke.

Loke also said the position and dignity of speaker would be compromised by Lilah's appointment as deputy to a portfolio chairperson who, in assembly sittings, was subordinate to the speaker.

Lilah, however, explained that there was no question of compromise as Negri Sembilan state assembly protocol dictated that the MB was superior to the Speaker.

"According to protocol in Negri Sembilan, the Speaker is second to the MB in the State Assembly. This MB also happens to be the chairperson of my portfolio. So where's the problem?" he asked.

Lilah also contended that his position of deputy-chairperson in the Islamic affairs portfolio would not compromise his independence and position as Speaker as he is not supposed to engage in the debates but merely moderate them.

"As Speaker, I am not supposed to propose or second resolutions nor am I supposed to engage in the debates themselves," said Lilah.

"Whatever questions are asked are directed to the government, which can be answered by the MB or the portfolio chairperson, not the deputy," he said.

A similar issue was raised in April last year by Selangor DAP leader Teng Chang Khim (left) opposed, in vain, the appointment of 'assistant-excos" by Sealngor Menteri Besar Dr Mohd Khir Toyo.

Teng had argued that the appointments was neither provided for in the Selangor Constitution nor included in the year's budget allocation.

Each of the 11 assistant-excos were given an allowance of RM1,000, office facilities, clerks, and a budget for 'research purposes'.