KUALA LUMPUR, Jan 1 — A constitutional law expert has suggested that Selangor Mentri Besar Tan Sri Khalid Ibrahim’s best chance to break the impending stalemate over the controversial appointment of the new state secretary is to take dispute to court.
“The law, as it stands, favours MB Khalid and the Selangor Pakatan administration,” Professor Dr Abdul Aziz Bari told The Malaysian Insider today.
The lecturer, who specialises in constitutional law at the International Islamic University (IIUM) here, pointed to the Selangor state constitution to back his assertion.
Article 52 (4) of the Selangor state constitution stipulates that the state secretary “shall take and subscribe in the presence of the Mentri Besar the following oath of secrecy.”
There is no mention that the state secretary’s oath of office has to be done in the presence of the Sultan.
“Under the state constitution, the power to appoint the ex-officio members of the exco — including the SS — is with the Sultan,” Abdul Aziz (picture) said, calling the state secretary post by its initials.
“But he (the Sultan) has to consider the names submitted by the relevant service commission; and before he does that, the Sultan must consider the advice of the MB,” the academic added.
The country’s richest state has been in turmoil for the past week since the Chief Secretary to the Government named Datuk Mohd Khusrin Munawi to the post to replace outgoing State Secretary Datuk Ramli Mahmud, whose last day of office was yesterday.
The Pakatan Rakyat (PR) state government has rejected Mohd Khusrin; and insists it has the right to name its own person for the job.
The conservative former director of the Selangor Islamic Religious Department (Jais) is known to be at odds with the PR state government.
The Sultan of Selangor overrode the MB’s objection and approved Mohd Khusrin’s appointment.
The state Ruler has also fixed the civil officer’s swearing-in ceremony for January 6, which is expected to be boycotted by the state PR lawmakers.
Khalid has also indicated that he will not accept Mohd Khusrin’s oath of secrecy before him, which is required of all top state civil officers before they can start their duties.
The tension between the state’s chief executive officer and the state secretary could lead to a breakdown in Selangor’s daily administration.
“Given the continued controversy, perhaps the better way is for MB Khalid to take the matter to court and see how the judges dance, whether they have new legal acrobatics to show us,” Abdul Aziz said.
He noted court rulings handed out after Election 2008 have shown a clear pattern of favouring Umno, the biggest party in the federal coalition.
He also noted that Selangor’s impending crisis was a result of the Mahathir administration’s 1994 move to amend the Federal Constitution and strengthen the powers of the executive by limiting the monarchy’s authority.
“Now the law is this: even when the constitution says, after considering advice [from the prime minister or the mentri besar], the Agong or the Sultan must accept that advice,” Abdul Aziz said.
“Now Umno is trying to use the Rulers to sabotage the Pakatan states.
“Umno forgot that one day it would go down; and all the measures it did years ago to strengthen government powers would nail them down,” he said.
The professor said that if the courts were to deliver a decision that favours the Malay party, “it has to say that the amendment done by Mahathir in 1994 was illegal and unconstitutional”.
Veteran lawyer Karpal Singh told The Malaysian Insider yesterday he has been asked by MB Khalid to look into the legal aspects of the matter personally.
“I am actually looking at the laws right now... I have been asked to help on behalf of the MB,” said Karpal, who is also DAP chairman.
“The law, as it stands, favours MB Khalid and the Selangor Pakatan administration,” Professor Dr Abdul Aziz Bari told The Malaysian Insider today.
The lecturer, who specialises in constitutional law at the International Islamic University (IIUM) here, pointed to the Selangor state constitution to back his assertion.
Article 52 (4) of the Selangor state constitution stipulates that the state secretary “shall take and subscribe in the presence of the Mentri Besar the following oath of secrecy.”
There is no mention that the state secretary’s oath of office has to be done in the presence of the Sultan.
“Under the state constitution, the power to appoint the ex-officio members of the exco — including the SS — is with the Sultan,” Abdul Aziz (picture) said, calling the state secretary post by its initials.“But he (the Sultan) has to consider the names submitted by the relevant service commission; and before he does that, the Sultan must consider the advice of the MB,” the academic added.
The country’s richest state has been in turmoil for the past week since the Chief Secretary to the Government named Datuk Mohd Khusrin Munawi to the post to replace outgoing State Secretary Datuk Ramli Mahmud, whose last day of office was yesterday.
The Pakatan Rakyat (PR) state government has rejected Mohd Khusrin; and insists it has the right to name its own person for the job.
The conservative former director of the Selangor Islamic Religious Department (Jais) is known to be at odds with the PR state government.
The Sultan of Selangor overrode the MB’s objection and approved Mohd Khusrin’s appointment.
The state Ruler has also fixed the civil officer’s swearing-in ceremony for January 6, which is expected to be boycotted by the state PR lawmakers.
Khalid has also indicated that he will not accept Mohd Khusrin’s oath of secrecy before him, which is required of all top state civil officers before they can start their duties.
The tension between the state’s chief executive officer and the state secretary could lead to a breakdown in Selangor’s daily administration.
“Given the continued controversy, perhaps the better way is for MB Khalid to take the matter to court and see how the judges dance, whether they have new legal acrobatics to show us,” Abdul Aziz said.
He noted court rulings handed out after Election 2008 have shown a clear pattern of favouring Umno, the biggest party in the federal coalition.
He also noted that Selangor’s impending crisis was a result of the Mahathir administration’s 1994 move to amend the Federal Constitution and strengthen the powers of the executive by limiting the monarchy’s authority.
“Now the law is this: even when the constitution says, after considering advice [from the prime minister or the mentri besar], the Agong or the Sultan must accept that advice,” Abdul Aziz said.
“Now Umno is trying to use the Rulers to sabotage the Pakatan states.
“Umno forgot that one day it would go down; and all the measures it did years ago to strengthen government powers would nail them down,” he said.
The professor said that if the courts were to deliver a decision that favours the Malay party, “it has to say that the amendment done by Mahathir in 1994 was illegal and unconstitutional”.
Veteran lawyer Karpal Singh told The Malaysian Insider yesterday he has been asked by MB Khalid to look into the legal aspects of the matter personally.
“I am actually looking at the laws right now... I have been asked to help on behalf of the MB,” said Karpal, who is also DAP chairman.
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