Don: Options may put sultan in tight spot
Abiding with the Selangor sultan's decree to submit "more than two names" will actually put the palace in a "difficult" position, said law professor Gurdial Singh Nijar.
Abiding with the Selangor sultan's decree to submit "more than two names" will actually put the palace in a "difficult" position, said law professor Gurdial Singh Nijar.
The University Malaya academic said this is because the sultan is bound by the Selangor constitution to appoint as menteri besar a person who can command majority support of the state legislative assembly.
With 30 out of 56 members having already signed statutory declarations of support for PKR president Dr Wan Azizah Wan Ismail, Gurdial (left) said giving the sultan more options puts him in a bind.
Gurdial, who was part of the Kuala Lumpur War Crimes Tribunal and Bersih's People's Tribunal on GE13 added that picking a candidate who does not have support from the House could prolong the crisis.
"If the MB chosen does not command the confidence of the majority, the legislative assembly could well, at its next sitting, pass a vote of no confidence; thus needlessly embroiling His Highness in a constitutional complication.
"In this context, providing additional names knowing full well that the additional nominees cannot ultimately command majority support, may also place the sultan in a difficult position," he said.
He added that if the sultan chooses a candidate who does not command the House's confidence, he would also be going against the highest court of the land.
This is because the Federal Court had in the Perak menteri besar case ruled that the sultan has to appoint someone who has majority confidence.
As such, he said, DAP and PKR are right and lawful not to accede to the sultan's decree for them to send "more than two names" as MB candidates.
"There are matters that go beyond a mere matter of courtesy. Indeed they are fundamental to an understanding of – to borrow the phrase of the Privy Council - 'a constitution founded on the Westminster model'," he said.
Potentially embarrassing for sultan'
Agreeing with Gurdial, fellow law professor Abdul Aziz Bari (right) said the palace is "unnecessarily" prolonging the crisis by "flouting" the rule of appointing the person who has majority of the House.
Aziz, who had contested on a PKR ticket in the last general election, added that the palace is also going against the principle that "the sultan must have a government at all times".
"(A government) must be appointed without delay, as government business can only be done by an elected government.
"Sultan or civil servants cannot run the state as they are not elected and cannot be made answerable to the House," he said.
He said that with 30 reps backing Wan Azizah, the palace may "end up in an embarrassing position" as a candidate from PAS, for example, may only get up to 26 members to back him or her.
The academic who has written extensively on constitutional law prior to his involvement in politics also trained his guns on PAS for making a "baffling" decision to accede to the decree unlike its Pakatan partners.
"But it appears that PAS has become the spokesperson for the palace as it (the palace) never denied what the party said about the wishes of the palace," he said.
PAS last night said it would submit two names to the palace to replace Selangor Menteri Besar Abdul Khalid Ibrahim despite Pakatan's decision to only nominate Wan Azizah (above) .
This means the party has reverted to its Aug 17 position of backing Wan Azizah and PKR deputy president Azmin Ali, following the decree.
It revised its position on Aug 26, choosing not to submit names, following a deadlocked central committee meeting.
Selangor crisis today
8.28am: Gerakan urges PKR and DAP to not insist on Wan Azizah as it will only prolong the crisis and their goal to unseat Khalid has been reached
12.58pm: Anwar urges PAS to respect the Pakatan leadership council’s Aug 17 decision to only nominate Wan Azizah
1pm: Umno MP Shamsul Anuar Nasarah says the crisis is prolonged because Pakatan has no direction
2.46pm: Former MCA president Dr Chua Soi Lek says Anwar will control Selangor if Wan Azizah is MB
4.26pm: Law professors say acceding to the sultan's decree for multiple candidates will put the sultan in a tight spot as only Wan Azizah commands majority support.
5.30pm: PAS snubs Anwar’s appeal that PAS submit only Wan Azizah’s name, and will include PKR deputy president Azmin Ali’s name, too
6.15pm: After PAS says it doesn’t want to force the sultan to choose Wan Azizah, PKR points out that PAS didn’t mind forcing the palace in 2008 and 2013
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