> Constitutional crisis in Selangor? Very unlikely, says veteran lawyer..... Contrary to previous claims, there will not be any constitutional crisis in Selangor if Datuk Seri Anwar Ibrahim wants to become the menteri besar, a prominent lawyer said today. Tommy Thomas, a lawyer with almost 38 years of experience, dismissed claims by Edmund Bon - an activist and lawyer - that the state would go through a crisis even if current Menteri Besar Tan Sri Abdul Khalid Ibrahim decides to leave on his own accord. Whatever the outcome, there is no crisis - constitutional, political or otherwise - caused by the resignation of the Kajang member and Anwar’s intention to contest in the ensuing by-election. He explained that as a constitutional ruler, the Sultan of Selangor does not have a free hand in the selection of the menteri besar, citing Articles 51 and 53 of the state constitution. Article 51(2) states that the candidate must be of the Malay Race and profess the Muslim Religion while Article 53(4) provides that His Highness may in his discretion dispense with provisions in the Constitution like Article 51 (2) which restricts his choice. Obviously, the menteri besar of any state must be a citizen of Malaysia but in Selangor there are no residential qualifications. Thus, he or she need not be born in Selangor nor have a permanent residence in the state, Thomas told The Malaysian Insider today. He also quoted Article 53(2)(a) which states that the Sultan can only appoint a person as menteri besar if that person is a member of the state legislative assembly and who, in his judgement, is likely to command the confidence of the majority of the members of the assembly. The Federal Constitution and all the State Constitutions have identical provisions to Selangor’s Article 53(2). They are all modelled on Westminster constitutions with the standard words commanding the confidence of the majority of parliamentarians, he added. Since the country achieved its independence in 1957, the political party (or coalition) that gains the most number of seats in general elections always selected its own leader, Thomas noted. So, in every case where there has been a vacancy in the office of the prime minister, whether caused by resignation or death, the acting leader of UMNO or Barisan Nasional was appointed the PM. Similarly, after each of the 13 general elections, the King had no discretion in such appointments. It is the same in the case of all the states. If there were exceptions in some states, the MBs were appointed without regard to constitutional niceties, Thomas said. He pointed out that in Selangor, Pakatan Rakyat has 44 seats compared with Barisan Nasionals 12, which is more than a three-quarters majority. Thus, if Pakatan nominates Anwar to become menteri besar after a Kajang victory, the Sultan has no discretion under the Constitution to reject him, he said. Can you imagine if the Yang DiPertuan Agong had not sworn in Datuk Seri Najib Razak as PM in May 2013 after he garnered a 44-seat majority in the Dewan Rakyat? In both scenarios, neither constitutional ruler has a discretion in the appointment. However, if the Sultan refused to appoint Anwar as MB should, upon nomination by the PR state government or if Khalid refused to step down as MB, the speaker can summon a special state assembly sitting to table motions of no-confidence in Khalid and a motion of confidence in Anwar. Since Pakatan enjoys a massive majority, both resolutions would easily be carried. Thereafter, the Sultan would, under constitutional law, have to remove Khalid and appoint Anwar, he added. Bon, in a posting on website LoyarBurok, said that problems might occur if Khalid does not give reasons for his resignation or does not provide advise to the Sultan. His Royal Highness (HRH) may appoint another MB who commands the confidence of the majority of ADUNs in the Assembly or HRH may dissolve the Assembly for fresh elections. “Given the intra-party factionalism in PKR, it would be unlikely HRH appoints the MB from PKR. Anyway, PKR is in the minority in Pakatan,” he said. Bon also said that should the Sultan not consent to Khalid’s request to have the assembly dissolved, Khalid and the Exco would be forced to resign. PKRs Lee Chin Cheh resigned as Kajang assemblyman on Monday and later Anwar was announced as the candidate for the yet-to-be-announced by-election. This fuelled earlier speculation that the PKR de facto leader was looking to take over as Selangor Menteri Besar from Khalid to solve rivalry problems between the latter and Selangor PKR chief and Bukit Antarabangsa assemblyman Azmin Ali. – February 1, 2014.
Posted on: Sat, 01 Feb 2014 09:32:17 +0000