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Sunday, August 10, 2014

Khalid remains MB despite party sacking, say lawyers

Khalid is now an independent state assemblyman but remains the Selangor menteri besar after PKR sacked him this evening. – The Malaysian Insider pic, August 9, 2014.Khalid is now an independent state assemblyman but remains the Selangor menteri besar after PKR sacked him this evening. – The Malaysian Insider pic, August 9, 2014.Tan Sri Abdul Khalid Ibrahim now has the singular honour of being Selangor menteri besar as an independent after being sacked by his party, lawyers said today, adding that he could legally remain as head of government as it is a constitutional appointment.
Lawyer Ragunath Kesavan said Khalid's sacking by PKR only meant that he no longer had the moral standing to remain as menteri besar for the Pakatan Rakyat (PR) coalition.
"The honourable way for him is to resign because the expulsion meant that his own party had lost confidence in him," he told The Malaysian Insider.
Lawyer Syahredzan Johan said Khalid's position was still intact as his fate could only be decided by the 55 assemblymen from PR and Barisan Nasional (BN).
PAS and DAP has 15 assemblymen each while PKR now has 13 after sacking Khalid and BN has 12.
"Khalid can only be ousted if he lost the confidence of the majority of the assemblymen," he said.
Syahredzan also said Khalid could remain in office if he survived a no-confidence vote.
"In fact, he could reappoint executive councillors from among those who supported him in the confidence vote," he added.
According to constitutional experts, a vote of no-confidence against Khalid could be taken in the house or the ruler could take into account extraneous factor in determining if the incumbent MB no longer enjoyed the support of the assemblymen.
On the advice of the outgoing MB, the sultan could dissolve the house or invite another candidate who in his judgment commands the majority in the house to be appointed MB.
Lawyer Amer Hamzah Arshad also said nothing had changed following Khalid's sacking as the menteri besar was still a member of the assembly by virtue of him being the Port Klang assemblyman.
"He also remains MB and his executive council is intact because Khalid has not tendered his resignation to the sultan.”
Amer, however, said the expulsion was tailored in the direction to put pressure on Khalid to resign.
"Khalid's fight to remain as MB will only come to an end if the three parties in PR decide to ditch him.
"If not, who leads the government has to be decided by vote of no-confidence or through fresh state elections," he added.
Khalid has been facing mounting pressure from the PKR leadership to resign over his handling of Selangor affairs.
These included the state’s management of its water resources, the Kidex highway and seizure of Malay and Iban Bibles by the Selangor Islamic Religious Department (Jais).
On Tuesday, he was issued a show-cause letter by PKR for going against the party's decision to replace him with Datuk Seri Dr Wan Azizah Wan Ismail.
Khalid has also refused to appear before the party's disciplinary committee and the party supreme council sacked him this evening.
- TMI

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