Terengganu crisis: Situation in similar to Perak in 2009, say law experts

The Star
by TAN YI LIANG

PETALING JAYA: The situation in the Terengganu state assembly – with three assemblymen leaving Umno and declaring themselves independents – is somewhat similar to that which took place in Perak in 2009, according to legal experts.

“This situation is somewhat reminiscent of the Perak crisis in 2009. However, therein arises the issue of whether the new Menteri Besar and the present state government enjoys or continues to enjoy the confidence and support of the majority of the State Assembly,” said Malaysian Bar Council president Christopher Leong.

He added that the current situation would be an issue for the state assembly.

“It is for the state assembly to determine, through a vote of confidence or no confidence. It is only after such a vote that the Sultan would be able to ascertain who enjoys the confidence of the state assembly,” said Leong.

He added that ordinarily, the Sultan would only resort to other means to determine this issue if the State Assembly was unable to take such a vote.

“In such an instance, the state constitution may also provide for a dissolution of the state assembly at the request of the Mentri Besar,” said Leong.

He added that is such a situation, any discretion or decision exercised must reflect the will of the people.

“If to do so requires a dissolution of the State Assembly, then it should be done,” said Leong.

The three Terengganu assemblymen who quit Umno to become independents are former menteri besar and Kijal assemblyman Datuk Seri Ahmad Said and assemblymen Ghazali Taib (Ajil) and Roslee Daud (Bukit Besi).

In the Perak crisis in 2009, three Pakatan Rakyat representatives, Deputy Speaker Hee Yit Foong (DAP-Jelapang), senior state Executive Council member Jamaluddin Mohd. Radzi (PKR-Changkat Jering) and Osman Jailu (PKR-Behrang) quit their respective parties and became Barisan Nasional-friendly independents.

Similar views were shared by constitutional law expert Syahredzan Johan, however he said the Terengganu situation had not become like Perak yet.

“It has not come to a Perak situation yet, but it may come to that. We do not know how the three who left Umno are aligned,” said Syahredzan.

He said that a successful vote of no confidence does not require the independent assemblymen joining a Pakatan Rakyat party.

“They just have to state that they do not support the Mentri Besar,” said Syahredzan

He added that if the vote of no confidence is moved in the State Assembly and the Mentri Besar loses the vote, he only has two choices, one of them being to seek an audience with the Sultan to dissolve the State Assembly and call for fresh state elections.

“The other is to resign his position along with the other state executive councilors. If the second option is chosen, the Sultan has to choose a Menteri Besar who has the support of the majority of the State Assembly,” said Syahredzan.

He said that following the Federal Court decision following the Perak crisis, support for a Mentri Besar can be determined by methods outside the State Assembly, not necessarily a vote of no confidence.

“Also following that decision, if the Mentri Besar and executive council do not resign following the loss of support, their posts are deemed vacant,” said Syahredzan.

When contacted, constitutional lawyer Edmund Bon said that the 15 Pakatan Rakyat assemblymen and the independents now have the opportunity to table a vote of no confidence in the State Assembly to see whether the Mentri Besar commands the majority of support.

“And if the vote of no confidence is passed by the Pakatan assemblymen and the two independents, the Mentri Besar must tender his resignation before the Sultan,” said Bon.

He added that while the Sultan has a free hand, it must be subject to his assessment that the new Menteri Besar commands the confidence of the majority of the State Assembly.

“If the numbers are 15:15 and three, that means the BN government is the minority government. but the discretion to appoint the MB vests absolutely with the Sultan,” said Bon.

On Monday, Ahmad Said quit the party hours after he was replaced by Datuk Ahmad Razif Abdul Rahman as Terengganu Mentri Besar.

The former Mentri Besar and Kijal assemblyman was soon joined by Ajil assemblyman Ghazali Taib to become independent representatives. On Tuesday morning, Bukit Besi assemblyman Roslee Daud quit Umno.

The latest developments leave Barisan Nasional with 14 state seats, one fewer than Pakatan Rakyat's 15 in the 32-seat assembly.

However, state legal advisor Datuk Azhar Abdul Hamid has maintained that the state assembly Speaker was counted as a representative of the ruling state government, giving an equation of 15:15:3.

In the 13th General Election, Barisan won 17 state seats against Pakatan Rakyat's 15, and managed to win half of the eight Parliamentary seats in the state.

Seberang Takir assemblyman Datuk Ahmad Razif Abdul Rahman was sworn in as the new Mentri Besar before Sultan Mizan Zainal Abidin at Istana Syarqiyyah in Cendering here at 9.25pm on Monday.