Exco cannot stand without an MB, insists expert
The Selangor state executive council (exco) line-up cannot stand or govern in the absence of a menteri besar in the state, constitutional expert Abdul Aziz Bari stressed today, rebutting claims otherwise by lawyers N Surendran and Gurdial Singh Nijar.
The Selangor state executive council (exco) line-up cannot stand or govern in the absence of a menteri besar in the state, constitutional expert Abdul Aziz Bari stressed today, rebutting claims otherwise by lawyers N Surendran and Gurdial Singh Nijar.
Abdul Aziz said that the MB and the exco stand together as “one unit”.
“We are not here dealing with difference of opinions but about the basic law concerning cabinet government. It is a question of right and wrong. There are no two ways about it - the exco cannot stand or take over when the MB is collapsing,” he said in a statement.
He was refuting Surendran , who is also a PKR vice-president, and also Gurdial , a law professor from Universiti Malaya, who had said that the exco is still valid despite the uncertainty surrounding the MB post.
Abdul Aziz pointed out that there is already a precedent on this matter, referring to the case of Amir Kahar, a Sabah cabinet minister who challenged the legality of his appointment following Joseph Pairin Kitingan’s resignation as Sabah chief minister in 1994.
“Amir claimed that his position as state minister remains although Joseph Pairin Kitingan had resigned as chief minister. The High Court rejected his contention and ruled that Pairin’s resignation means automatic resignation of his entire government,” Abdul Aziz said.
He said that as practising lawyers, both Nijar and Surendran have to deal with the case law before they put up their opinions in public.
Selangor MB Abdul Khalid Ibrahim has been expelled by PKR, and his position as MB remains unclear at the moment.
Aziz missed the point, says Gurdial
Meanwhile, Gurdial, in a response to Abdul Aziz’s statement, later said the latter had missed the point he was making.
“The facts I refer to relate to a situation where the menteri besar has not resigned and he has been sacked by his party.
“In other words, he is the menteri besar but he no longer commands the support of the ruling Pakatan government, which nominated him in the first place.”
Gurdial pointed out that the exco can continue to function as it still exists and it represents the machinery running the government, making any decision it makes valid.
He explained that the case of Pairin was different in that he had resigned.
Based on the Sabah state constitution Article 7(1), the court held that the resignation of Pairin was a resignation of the whole of his cabinet, said Gurdial.
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