Expert says MB has no power to sack exco

Selangor Menteri Besar Abdul Khalid Ibrahim does not have the power to sack state executive council members with "immediate effect", says law professor Gurdial Singh Nijar.

This, Gurdial said, is because the exco members hold their office at the pleasure of the Selangor ruler, as stipulated in Article 53(7) of the state constitution.

"First, only the sultan can dismiss the exco members. The menteri besar can recommend, but the recommendation may or may not be accepted. 

"Hence the dismissal with immediate effect is not valid in law," he said.

Gurdial ( left ) was referring to Khalid's announcement today that he had sacked six exco members from DAP and PKR, leaving the state government with only four PAS exco members.

Khalid said yesterday the state constitution requires a minimum four exco members for the government to stand, but his move today effectively marks the collapse of the Pakatan Rakyat Selangor government.

This is because the executive now consists of Khalid, an Independent assemblyperson following his sacking from PKR, and four PAS members.

Grounds for sacking 'spurious '

Meanwhile, Gurdial said the affected exco members were not given the right to be heard, thus rendering the dismissal "fatal".

Also, he said, despite Khalid claiming that the six exco members had formed a bloc to undermine his government, no voting by the exco to that effect had occurred.

In fact, he said, the exco members had said today they would respect the Selangor Sultan's endorsement of Khalid as menteri besar and to proceed with their duties as usual pending a transition according to the state constitution.

"The menteri besar's grounds, with respect, are spurious and are flawed in law as a basis for dismissal, in any event," Gurdial said.

However, another expert on the constitution, Abdul Aziz Bari, begged to differ.

Aziz said Khalid can in fact dismiss his exco members.

"Whatever the technicalities, the power to dismiss cabinet members is in the hands of the prime minister, menteri besar or chief minister.

"The Yang di-Pertuan Agong, state rulers or the Yang di-Pertua Negeri merely act on advice, doing the formality," Aziz said.

Selangor crisis today

12.37pm: PAS man Zuhdi Marzuki urges a a ' unity government ' in Selangor, involving Umno reps

2.19pm: DAP urges PAS to declare if it is joining Umno to support Abdul Khalid Ibrahim as MB

2.28pm: MACC confirms that it is investigating Khalid for corruption

4.25pm: DAP and PKR exco members says they will continue doing their jobs but will avoid MB

5pm: Sources say Anwar Ibrahim failed to convince Hadi Awang to accept Dr Wan Azizah Wan Ismail as new Selangor MB

5.37pm: DAP claims that there are attempts to entice Pakatan reps to defect

8pm: Expert says MB has no power to sack exco