BN trio file suit against Selcat

Three Barisan Nasional state assemblypersons filed a suit today against the chairperson and members of the Selangor select committee on competency, transparency and accountability (Selcat).

This is to challenge its formation as well as its suspension of several elected representatives to date. Selcat is headed by speaker Teng Chang Khim (left) .

Raja Ideris Raja Ahmad (Sabak), Hasiman Sidom (Morib) and Wong Koon Mun (Kuala Kubu Baru) are seeking a declaration that Selcat had breached Standing Orders and the state constitution.

They named Teng and Selcat members Haniza Mohamed Talha, Mohamed Azmin Ali, Saari Sungib, Edward Lee Poh Lin, Sulaiman Abdul Razak and Ismail Sani as defendants, along with the office of the speaker, its secretary and the Selangor government.

Apart from relief deemed fit by the Shah Alam High Court, the trio are seeking declarations that:

• Selcat does not truly reflect the balance of political parties in the Selangor legislature, as required under Order 72(1) of the Standing Orders;

• Selcat had violated Order 75 of the Standing Orders and the Selangor constitution in allowing public hearings, and also in (prematurely) publishing and disseminating reports of its proceedings;

• Selcat proceedings be declared null and void and contrary to rules of natural justice owing to Teng's appointments as speaker as well as head of the privileges committee and Selcat;

• Selcat proceedings and functions had acted beyond its jurisdiction based on the Standing Orders, work of the Public Accounts committee (PAC) of the assembly and the Selangor constitution;

• Selcat has acted beyond the scope of the matters and that its proceedings should be declared null and void and contrary to Order 73(4) of the Standing Orders; and

• The Selangor assembly does not have jurisdiction to pass and enact the criminal offence of contempt of assembly, and that its actions are ultra vires the Selangor and federal constitution.

Elaboration of grouses

In their supporting affidavit, they elaborated on the declarations sought.

Raja Ideris (Umno), Hasiman (Umno) and Wong (MCA) affirmed that there are 36 elected representatives from Pakatan Rakyat and 20 from BN, following the March 8, 2008 general election.

However, they said Selcat - mooted by Elizabeth Wong (PKR-Bukit Lanjan) - does not reflect the composition of the assembly and that the correct proportion ought to be four Pakatan and two BN representatives.

The committee now comprises five Pakatan members and only two - the sixth and seventh defendant - from the BN, as required under Order 72(1) of the Standing Orders.

Furthermore, its documents should not have been published until it has prepared its report for the legislature. The procedure is intended to “preserve the integrity and confidentiality” of inquiry proceedings.

The three alleged that the legislature had acted mala fide (with bad intention), resulting in Selcat embarking on a fishing expedition.

This was then used as a tool to publicly ridicule, slander and discredit public officials and members of the previous government, to generate negative public opinions of BN, they said.

Furthermore, the motion to form Selcat and its proceedings are in contravention of the Selangor constitution and its Standing Orders; for this reason, they want Selcat to declared null and void.

Raja Ideris, Hasiman and Wong (left) accused Teng of abusing his position by assuming absolute control of Selcat proceedings. They cited media reports as indicating that his conduct of the proceedings was done arbitrarily and without sufficient regard for fair play.

Explaining their allegation of conflict of interest linking Teng to his three posts, they said any matter before Selcat would be referred to the privileges committee and the assembly.

“He is the investigator, prosecutor, and judge. This is in violation to the principles of natural justice, due process and procedural fairness,” they said.

‘PAC function usurped’

In claiming that Selcat has inquired into matters reserved for the PAC, the three said the committee has “intentionally violated the functions of the PAC” by requiring all district officers in Selangor to testify.

“Selcat has (also) clearly exceeded its terms of reference in conducting deliberations which are not related and it has no jurisdiction to make the inquiry. Hence, the proceedings should be declared null and void.”

They claimed that the Selangor Contempt of Assembly Enactment 2009 has not received royal assent. As such, the assembly does not have jurisdiction to act on offences.

On July 15, the legislature had suspended former menteri besar Dr Mohd Khir Toyo for a year, in relation to a Selcat inquiry into a fund operated by the wives of BN assemblypersons. He had refused to testify before the committee.

It also suspended Warno Dogol (Sabak), Isa Abdul Kasim (Batang Kali), Marsum Paing (Dengkil) and Mohamad Idris Abu Bakar (Hulu Bernam) for six months for questioning Selcat's integrity.