Expert: Sacking of exco members is lawful
Constitutional law expert Abdul Aziz Bari argued that the sacking of six Selangor state exco members is lawful because this is in line with the practices of Westminster-style governments.
Constitutional law expert Abdul Aziz Bari argued that the sacking of six Selangor state exco members is lawful because this is in line with the practices of Westminster-style governments.
Doing otherwise, Aziz said, would undermine the notion of “responsible government” whereby the government is answerable to Parliament, rather than to the monarch.
“The principle which determines the validity of the sacking is clear. The sultan is only doing a formal and ceremonial job here.
“Giving the Yang di-Pertuan Agong or sultan a say here interferes with the notion of responsible government and it is undemocratic,” Aziz told Malaysiakini yesterday.
He said what was left now are details, such as the issuance of letters.
Yesterday, law professor Gurdial Singh Nijar said Selangor Menteri Besar Abdul Khalid Ibrahim’s sacking of PKR and DAP exco members with “immediate effect” yesterday is invalid.
Citing Article 53(7) of the state constitution, Gurdial said only the sultan can sack the exco members; the menteri besar can only make recommendations to the sultan, but those may or may not be accepted.
Aziz countered that although exco members and cabinet members hold their office at the pleasure of the head of state, it is actually head of governments, such as the prime minister, the chief minister, or the menteri besar, who wield the power.
“When it comes to appointments, the constitution clearly says it is on the advice of the menteri besar.
“The phrase of holding office at the pleasure of the sultan must be understood within this context,” Aziz said.
The law also allows for the exco members to be demoted, given a different portfolio, or sacked without any explanation from the menteri besar, and this is common practice throughout the Commonwealth, he said.
Aziz called on the sacked exco members to respect the validity of their sacking and to accept the decision.
“Let us not play constitutional politics. We may dislike his politics but anything that is legal done by Khalid must be accepted and recognised as such.
“Nonetheless, the sacked exco members may work to bring down Khalid through lawful means. Defying their dismissals is not the right thing to do,” he said.
Selangor crisis today
10am: PAS exco members say they will resign if Umno assemblypersons are appointed onto the exco.
10.19am: Sacked exco members from PKR and DAP arrive at work as usual .
10.37am: Law expert Abdul Aziz Bari contradicts another expert Gurdial Singh Nijar, by saying that the sacking of 5 exco members is lawful .
10.48am: PAS deputy president Mohamad Sabu urges party to side with Pakatan against MB Khalid.
12.27pm: PAS calls on PKR to name a new MB candidate , after the palace rejects Dr Wan Azizah Wan Ismail's request for an audience.
12.46pm: Sacked exco members are told to vacate their offices
1.48pm: Khalid says exco member from PKR, Rodziah Ismail, who is overseas, is not sacked as she may still support Khalid.
3.33pm: Khalid says he is not appointing new exco members from Umno, for now.
4pm: PAS MP Khalid Samad says while waiting for PAS' decision, the MB has 'enough rope to hang himself '.
5pm: MB issues legal letter to PKR secretary-general demanding apology for the 'corruption dossier'.
11.36pm: Rodziah says she does not support Khalid and will resign from the exco.
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