KUALA LUMPUR, Feb 19 (Bernama) -- DAP national chairman Karpal Singh said the decision of the Perak State Assembly Rights and Privilages Committee to suspend Menteri Besar Datuk Dr Zambry Abdul Kadir and his six council members must be endorsed by the state assembly.
Karpal, who is also a prominent lawyer, said Perak State Assemby Speaker V. Sivakumar has to convene a sitting of the assembly to enable the decision to be debated and put to a vote.
"The Perak constitution provides that when the assembly is not in session, the Speaker can refer complaints to the committee of privileges, which he heads. If he finds a prima facie case, any findings or decisions must be reported to the assembly.
"It is my view that this means that the speaker must refer the matter to the state assembly for debate and endorsement".
Relating his previous experience, the Bukit Gelugor member of Parliament said he was faced with a similar action in 2004 after being accused of misleading Parliament by saying that members of Parliament must raise their right hand when taking their oath of office.
"The committee of privileges made a decision to suspend me for six months and this was brought before the House where it was debated and the decision was confirmed." he said.
However, DAP national vice-chairman Chong Chieng Jien, who is also the MP for Bandar Kuching, pointed out that the speaker's decision cannot be challenged in any court.
"There is no recourse. You can't challenge it in court. Otherwise you will open the floodgates," said Chong, who is also the state assemblyman for Kota Sentosa, Sarawak.
Chong, who is currently serving a seven months suspension from the Sarawak State Assembly, said: "If the Federal Court decide that they can hear the case, then everybody can bring their suspension cases to court".
"I just give you an example. If the decision by the Dewan Rakyat Speaker can be challenged in the court, then almost every now and then there will be cases and the speaker will not have other things to do except going to court.
"There is no moral ground to claim this suspension as undemocratic. His decision is final, you can't bring it to court," he added.
Meanwhile, some DAP politicians have also expressed their disagreement with the move taken by Sivakumar.
"For me, this is more like a lawyer's stunt or a political stunt. I'm worried this may backfire on us, particularly among the Malay voters," said a DAP representative in Parliament.
His view was shared by a PKR representative who said: "You should talk about governing, not to come out with this kind of stunt. Let the court decide.
"Why need to do this again. If you have filed a lawsuit, let's wait until the decision. Don't need to do this," he said.
Former Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin has challenged in court the legality of the new Barisan Nasional government in Perak.
Gerakan Deputy President Datuk Chang Ko Youn, who also disagreed with the decision, said the best way to settle the issue was to let the court decide.
"In the meantime, everybody needs to remain calm and let the legal process take its course," said Chang who is also the Perak Gerakan Chairman.
For Dewan Rakyat Deputy Speaker Datuk Wan Junaidi Tuanku Jaafar, Sivakumar had made a mistake by announcing the decision of the committee as he was supposed to keep it a secret until the assembly sat.
He was also of the view that Dr Zambry should not have attended the hearing as the composition of the committee members was now not correct following the change in the state government.
"It was five to one after March 8. But in 2009, its different. At least it should be four to two as the composition must reflect the number of representatives from the parties which now control the state assembly," he said.
Therefore, Wan Junaidi said, the Perak Menteri Besar should not have appeared for the committee's hearing as it would make the committee legitimate.
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