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Monday, September 22, 2014

Three MB candidates do not have majority support, says PKR legal adviser

PKR legal adviser R. Sivarasa (left) said the three candidates who purportedly had an audience with the Selangor Sultan did not fulfil the fundamental condition of majority support. – The Malaysian Insider file pic, September 22, 2014.PKR legal adviser R. Sivarasa (left) said the three candidates who purportedly had an audience with the Selangor Sultan did not fulfil the fundamental condition of majority support. – The Malaysian Insider file pic, September 22, 2014.
The three Selangor menteri besar candidates who were reported to have an audience with the state ruler do not have majority support from the state assembly, said R. Sivarasa.
If the reports were true, then they raised a serious question, said the PKR legal adviser, noting that the Sultan would have received legal advice as to his duties and powers under the state constitution.
"Assuming it is true that all the three assemblymen have indeed been 'interviewed' for the menteri besar position, then serious questions arise as to whether HRH Sultan of Selangor is being properly advised as to the proper constitutional position," he said in a statement.
At the same time, PKR and DAP MB nominee Datuk Seri Dr Wan Azizah Wan Ismail, who has the support of 29 assemblymen, is still waiting for an audience with the Sultan.
Sivarasa said it was clear that the three candidates who purportedly had an audience with the ruler did not fulfil the fundamental condition of majority support.
"The PAS candidates whose names were submitted only by their party can at best claim the support of 13 assemblymen.
"Azmin is in an unusual situation as his name was not even formally proposed by any party and he himself has publicly declared support for Wan Azizah and affirmed it in the form of a sworn statutory declaration. At this point in time, Azmin too is not able to publicly demonstrate majority support," he said.
Referring to the 2010 Federal Court ruling on the Mohammad Nizar vs Zambry case which interpreted the Perak state constitution, Sivarasa said the Court of Appeal president Raus Sharif had stated the following view:
“The DYMM Sultan of Perak in exercise of His Royal Prerogative under Article XVI(2)(a) of the Perak state constitution is at liberty to appoint another menteri besar to replace Nizar. But His Royal Highness must appoint someone who has the command and the confidence of the majority of the members of the legislative assembly.”
The Subang MP said the legal statement encapsulated a fundamental political principle – that it is the people who elect their elected leaders, and in the Malaysian system of constitutional monarchy, it is the majority of the elected representatives who then select their prime minster, menteri besar or chief minister.
It is also clear in this statement of the law that majority support must be demonstrated at the time of the appointment, he said.
He added that conventionally, in Malaysia and in other countries with a similar system, it is the political parties who command the majority in the elected legislative assembly who select the name of the next prime minister, menteri besar or chief minister for the states.
"I appeal to HRH and his legal advisers to take into account the clear interpretation placed upon the identical provision in the Perak constitution by the Federal Court in deciding who to appoint as the next Selangor menteri besar.
"If Dr Wan Azizah is to be refused her appointment as the next menteri besar, there ought to be at the very least an explanation of which provision of the state constitution is being invoked to prevent her from being considered for the appointment, and why," he said.
The new Selangor MB is expected to be named today, with the swearing-in ceremony set to take place tomorrow at the palace.
PKR and DAP had insisted that Dr Wan Azizah should be the MB, and had submitted only her name to the palace, earning them a royal rebuke for going against the Sultan's decree to give more than two names.
Ally PAS went against the agreement and submitted three names, causing a rift between the Islamist party and its partners, as well as disagreements within its own ranks.
- TMI

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