KUALA LUMPUR, Feb 16 — Perak state legislative assembly Speaker V Sivakumar did not follow procedures in suspending Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and six state executive councillors (excos) from the assembly’s sittings, said former Dewan Rakyat secretary Datuk Abdullah Abdul Wahab.
He said the decision to suspend them by the assembly’s Rights and Privileges Committee, which is part of the legislative process, must get the approval of the members of the assembly.
“The committee can only make recommendations. It is up to the assembly members to approve or reject the recommendations,” he told Bernama here today.
He said only if the assemblymen approved the recommendations, such suspensions could be meted out.
Abdullah said this in commenting on a statement by V Sivakumar today announcing the suspension of Zambry from attending Perak State Assembly sittings for 18 months.
The six excos — Datuk Ramly Zahari (Manong), Datuk Saarani Mohamad (Kota Tampan), Hamidah Osman (Sungai Rapat), Zainol Fadzi Paharuddin (Sungai Manik), Mohd Zahir Abdul Khalid (Kamunting) and Dr Mah Hang Soon (Chenderiang) — were suspended for 12 months.
The suspensions were with immediate effect.
The committee took the action after receiving a complaints from Canning assemblyman Wong Kah Woh of the DAP, who alleged that their swearing-in as Menteri Besar and excos was in contravention of the state Constitution as Perak’s 10th Menteri Besar, Datuk Seri Mohammad Nizar Jamaluddin, had yet to officially resign, Sivakumar had said in a four-paragraph press statement released in Ipoh earlier today.
According to Abdullah, the Dewan Rakyat once took a similar action in suspending Fong Po Kuan (DAP-Batu Gajah) as a Member of Parliament, and it was done as per the Standing Orders.
On Dec 11 2001, Datuk Seri Dr Rais Yatim, who was then Minister in the Prime Minister’s Department, had moved a motion to have her suspended for six months for issuing a press statement that insulted Parliament and the Speaker Tun Dr Mohamed Zahir Ismail.
The decision to suspend Fong was put to a vote where 83 members supported it while 28 were against, and it was not done outside the assembly without the approval of its members, he said.
A senior legal practitioner in Ipoh, who did not want to be named, said the action taken by Sivakumar was “a clear violation of the Standing Orders of the State Legislative Assembly of Perak”.
He said under Rule 71 (2) of the orders, when the assembly is not in session, a member can inform the Speaker if there had been violations of the rights and privileges.
The Speaker, if he is satisfied with the complaint, can refer it to the Rights and Privileges Committee and the committee must report it to the assembly, he said.
He said the action was also “against the principles of natural justice” since the seven are the people’s elected representatives, and thus the decision would prevent them from carrying their responsibilities.
“More serious, Zambry and the six Excos are appointed by the Sultan of Perak and this action violates Article 12 of the Laws of the Constitution of Perak on the appointment of Menteri Besar and Article 16 on the appointment of Excos,” he said.
It also prevented the seven who have been appointed legally by the Sultan of Perak from carrying out their task in managing and developing the state, which is badly needed in facing the current economic uncertainties.
“Furthermore, were the seven issued summonses which detailed their wrong doings and allowed to defend themselves?” he asked.
Meanwhile, constitutional law lecturer Prof Dr Aziz Bari said that Sivakumar being the Speaker had the power to do so (mete out the suspensions).
“The Speaker is the master of the house...basically,” he said.
He said in the past, there had been cases of suspensions of state assembly persons by state assembly Speakers and Members of Parliament (MPs) by the Dewan Rakyat Speaker.
“The power of the Speaker is same,” he said, adding that throughout the Commonwealth, when it came to the power of the Speaker, it was the same.
“So, I don’t see how this problem (Perak) can be solved without having an election,” he added. — Bernama
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