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Friday, August 15, 2014

Selangor government vacant, PAS must act quickly – Kim Quek



Inferring from the press conference given by PAS secretary-general Datuk Mustafa Ali yesterday, his party has refused to accept Datuk Seri Dr Wan Azizah Wan Ismail due to the Selangor Sultan’s supposed rejection of her as the next menteri besar, and PAS is of the opinion that the sultan has such power to reject her.
Such opinion of PAS is a misinterpretation of the state constitution pertaining to the “discretion” the sultan has over the appointment of MB.
In truth, this discretion of the Sultan is to be exercised only in the event that there is ambiguity as to which nominee commands the support of the majority of the assembly.
This appointment is now urgent, as the position of the MB together with the executive council is deemed vacated, following Khalid’s refusal to resign. 
This is in accordance with the interpretation of the Perak state constitution by the Court of Appeal and the Federal Court ruling on the Nizar vs Zambry case.
Since the Perak Constitution and the Selangor Constitution are similar on this aspect, the ruling on the Perak case is now legally binding on all parties – the Sultan, MB and the executive council – in the current Selangor case.
That Selangor is now found without an elected government is an emergency situation that calls for immediate solution. This means that there is an urgent need for the Sultan to appoint Dr Wan Azizah as the MB immediately. She would in turn advise the sultan to appoint members to the executive council.
As for PAS, it must not delay any further in expressing its solidarity with Pakatan Rakyat in the current appointment of Dr Wan Azizah, who in any case, is already qualified for such position, with the 30 assemblymen supporting her.
* Kim Quek reads The Malaysian Insider.

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