Put it to a vote

By Zaid Ibrahim,

The Sultan of Selangor now has a golden opportunity to do the right thing for Selangor. He should dissolve the Assembly so that a fresh election can be held.

Today Datin Seri Wan Azizah Wan Ismail claimed that she had the support of 30 State Assemblymen in Selangor and therefore should be accepted as the new Menteri Besar.

This argument—or the presentation of 30 Assemblymen at a Press conference—may be technically valid under the law because of the bad precedent set in Perak in 2008, but it should not be followed by the Sultan because it’s a travesty of Parliamentary practice .

Lest we forget, the Perak Barisan Nasional took a similar approach during the Perak crisis in 2008, which created an uproar amongst Pakatan Rakyat supporters.

The Pakatan Rakyat felt that Datuk Seri Mohammad Nizar Jamaluddin should have been removed—if at all—by a vote of confidence in the State Assembly. Any other process was unacceptable.

The determination by the monarch, so the argument went, should not be done in private. The removal of a Menteri Besar required nothing other than an open vote in the Assembly, as has always been the practice in Westminster.

Why do we insist on open public trials in our courts (except in exceptional circumstances)? It’s because in a democracy we eschew secrecy and we value openness.

The people want to know about and be involved in all processes that are important and affect their lives. They want transparency and they distrust powerful people making decisions behind their backs.

It’s the same with public office. The people vote for the party that forms the Government, and when that party no longer has confidence in the Menteri Besar, this must be shown to the people via the open process called the “vote of no confidence” in the Assembly.

This will demonstrate clearly and democratically that the Menteri Besar no longer has majority support. Any other manner of removing a sitting Menteri Besar this must be rejected as undemocratic.

Why? Well, those in favour Wan Azizah have apparently signed statutory declarations attesting to their support for her. However, statutory declarations in Malaysia can be made and unmade—and no less than a top lawyer for the Prime Minister was involved in one case.

So, a statutory declaration in Malaysia is worth very little in the big game called politics. Likewise, being present at a Press conference means nothing. It does not mean support in a way that serves the constitutional process.

What is so difficult about having a proper vote in the Assembly? One might surmise that the Barisan Nasional in Perak had to employ “other means” in 2008 because the Speaker was not on their side at that time, which made it difficult to convene a special sitting.

However, the Speaker in Selangor today is from the DAP. So what’s the problem?

I urge His Royal Highness the Sultan of Selangor to put the democratic process in the right place, once and for all.

If the Pakatan Rakyat does not call for a vote in the House, then dissolve the Assembly so that the people can decide the issue.

Whatever the case, we must never resort to the Perak precedent because it’s no good for democracy, the country and our people.