Sultan’s role a smokescreen in clash over Selangor law change

Khusrin’s appointment as state secretary is at the centre of the current row. — File pic

ANALYSIS, Jan 24 — Although the Selangor Sultan will likely be at the centre of debate in today’s emergency sitting, he will neither gain nor lose the power of appointing top state officials whatever the outcome of the proposed constitutional amendments. Pakatan Rakyat (PR) and Barisan Nasional (BN) both insist they are on the monarch’s side, but the assembly will only decide if the federally-controlled Public Service Commission (PSC) continues to be the appropriate body to appoint top state officials or PR gets what it wants — the mentri besar having the final say.
With PR only able to muster 35 assemblymen, short of the two-thirds of the 56-seat assembly required to amend the constitution, it is likely that the status quo will remain.
All that’s left to be decided is who will score more political points from apparently backing the Sultan.
Mentri Besar Tan Sri Khalid Ibrahim has claimed that the amendments will empower the state Ruler.
But BN, which controls federal government, has accused the PR state government of treason by “trying to share power with the Sultan,” as Selangor Umno deputy chief Datuk Seri Noh Omar put it.
Selangor proposes to return Article 52(1), that pertains to the appointment of the state secretary, legal adviser and financial officer, to what it was before the 1993 amendments that were effected by BN.
This will mean that the Sultan will consider the advice of the mentri besar before the appointment.
Currently, Article 52(1) gives the Sultan no legal role in the appointment process but BN has continued to ask for his consent as was the case with Datuk Mohamed Khusrin Munawi whose appointment by the PSC as state secretary is the cause of the current row.
The 1993 amendments further added Article 55(1A) which mandates that the Sultan “is to act in accordance” with the state government’s advice.
PR’s amendment draft, however, makes no mention of any clause besides Article 52(1).
But PR insists that the Sultan acting on advice is better than the situation now where the Ruler is not involved.
“Umno’s 1993 amendments took away all the power of appointment from the Sultan. So whatever we are doing cannot make things any worse for the Sultan after what they already did,” argued Kuala Selangor MP Dr Dzulkefly Ahmad.
State executive councillor Iskandar Abdul Samad told The Malaysian Insider that now, getting the consent of the Sultan was only “a courtesy, not a clear constitutional power.”
The state PAS deputy commissioner also said that allowing both the Sultan as well as the mentri besar a role in appointments would help whoever will be in power in the future to govern the state.
Faekah Husin, political secretary to MB Khalid, said that the mentri besar will only have “advisory powers” and the power to appoint would be “shared”.
She also told The Malaysian Insider that the Sultan’s powers have never been absolute.

Selangor Sultan Sharafuddin Idris Shah with Khalid after Khusrin had taken his oath of the loyalty before the Ruler in Shah Alam on January 6, 2011. — File pic

“The Sultan has never rejected the advice of the mentri besar. This has always been the case,” she said. But Umno insists their way is better.
“The state government is trying to amend the Selangor constitution to give absolute power to the mentri besar with the excuse that it wants to return power to the Sultan,” said state Opposition Leader Datuk Satim Diman in an interview with Utusan Malaysia.
He added that the Khusrin issue was not about the Sultan’s power being eroded as he had already given his consent.
“We also want to ask, exactly what kind of power do they want to give the Sultan?” he said.
Selangor Umno information chief Abdul Shukor Idrus also said that the current arrangement was good and PR’s amendments would make no difference except that the Sultan would need to obtain the advice of the MB.
But there is indeed a difference between giving the MB or the PSC the power of appointment and each coalition has its obvious preference.
Lawyers and former judges have also weighed in on the issue and yesterday’s rally to support the Selangor government’s contention will weigh heavily on the debate in the state assembly.