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10 APRIL 2024

Sunday, September 21, 2014

Selangor must uphold the constitution when naming new MB or face the same infamy that still dogs Perak

S'gor must uphold the constitution when naming new MB or face the same infamy that still dogs Perak
There are no two ways about it. The Selangor menteri besar imbroglio has been dragging for a few months but political expediency does not mean naming a person just to end the impasse.
Incumbent MB Tan Sri Abdul Khalid Ibrahim now leads the caretaker government, a rump Pakatan Rakyat (PR) with only PAS executive councillors after he was sacked from PKR. He has in turn, sacked the PKR and DAP councillors.
The Selangor palace today will finalise who will succeed Khalid and name the person on Tuesday.
Despite the fact that everyone may be getting impatient with the present situation, we must nevertheless be very careful to uphold the state constitution and who it says qualifies to be the menteri besar.
The Nizar decision in the Perak case in 2009 says the palace must appoint an MB who enjoys the majority. That requires the sultan to ascertain that.
Appointing someone who may not ultimately enjoy the majority means there is a risk the new MB will face a motion of no confidence when the state assembly meets.
As it is, Khalid does not command the majority and has to tender his resignation which he subsequently did. His successor must have the command of the majority, and if not, there will be a repeat of the current impasse.
All Malaysians must be careful not to set any precedent that does not accord with best practices under the constitution, the supreme law of the nation. It has always been the one who can show proof of majority that becomes the head of government in the state or nation.
Any practice that is out of the conventions practised in Malaysia since its formation will have consequences for the future. And it is consequences that the country can ill-afford.
The constitution is the one document that is the basis of our country. It places all of us – the elected government, the royalty, the legislature, the judiciary and the citizens – in our roles for Malaysia.
Let's always uphold the constitution. Without it, we are not a country of free and equal people with a government of the people, by the people and for the people. –TMI

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