Khalid serves legal notice to PKR after sacking
Lawyers acting for party-less Selangor Menteri Besar Abdul Khalid Ibrahim, alleged that PKR had violated its party constitution in expelling him.
Lawyers acting for party-less Selangor Menteri Besar Abdul Khalid Ibrahim, alleged that PKR had violated its party constitution in expelling him.
In a legal notice addressed to party president, Dr Wan Azizah Wan Ismail and disciplinary board chairperson Dr Tan Kee Kwong ( right ) dated yesterday, lawyers from Bon Advocates want the party to furnish details on who sat at the Saturday disciplinary board meeting.
The PKR disciplinary board and the PKR's central leadership had breached the PKR constitution, in particular Article 41 read with Article 9, they said.
For this, they want the party to name those who attended the party's central leadership meeting, who was on PKR disciplinary board, and how they voted.
They further state that the action to sack Khalid within five days of issuing the show cause letter, without giving him a chance to reply, also breached the principles of natural justice.
The firm states that they are surprised at the manner and undue haste the PKR central committee and the disciplinary board had acted.
“Your actions confirm that PKR does not practice principles of “natural justice” and that the decision to sack our client was made with the collateral purpose to influence the sentiments of the public or the Pakatan Rakyat coalition (particularly PAS) to clamour for our client's removal as Selangor MB,” the legal notice further stated.
The letter also highlighted that the disciplinary process to Khalid was unjust and biased as it was held within short notice, the charge alleged was not clear, had not replied to Khalid’s request for a postponement, convened the disciplinary hearing without Khalid’s presence, and that a member of the disciplinary board himself (Dr Tan) is also under inquiry for mismanagement of funds.
The lawyers further state that the board further recommended to the PKR central leadership to sack Khalid without providing him with a hearing.
Conflict of interest
It further alleged the central committee meeting may have acted in conflict of interest as Wan Azizah was designated to replace Khalid and that some members had been allowed to attack him before and it would be hard for them to retract now.
Calling the decision to sack Khalid as illegal and flawed, the lawyers objected to the process the party went through in sacking the MB from the party.
It further states that PKR was supposed to uphold the rule of law and the independence of the judiciary, principles which remain as the purpose and objectives of the party.
“The PKR central committee and the disciplinary board have utterly failed on both scores. In this sorry saga, the central leadership and board have played the role of accuser, judge, jury and executioner... without any semblance of independence,” they said.
As internal disciplinary party matter under the Societies Act are not allowed to be referred to court, the lawyers said Khalid had to accept PKR’s decision, albeit an illegal and flawed one made without due process.
“Our client's right to an internal appeal - though Tan has paid lip service to it - is nugatory and illusory by the recent sequence of events which PKR has willed to happen,” the lawyers said in ending the notice.
Meanwhile, in a report in Utusan Malaysia today, PKR vice-president Tian Chua dismissed speculation that there would be a motion of no confidence against Abdul Khalid in the near future.
"The motion would be too early but I hope he can respect the political procedure," he was quoted as saying.
Tian Chua added that Abdul Khalid should respect the party's instructions and vacate the menteri besar’s post.
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