Let courts decide on suit against speakers, lawyer tells Azalina
Lawyer Haniff Khatri Abdulla said Dewan Rakyat deputy speaker Azalina Othman Said should let the courts decide whether or not it has jurisdiction over a suit challenging her appointment.
Haniff said Azalina commenting on the matter could be perceived as her trying to interfere with matters that are already in court...
Lawyer Haniff Khatri Abdulla said Dewan Rakyat deputy speaker Azalina Othman Said should let the courts decide whether or not it has jurisdiction over a suit challenging her appointment.
Haniff said Azalina commenting on the matter could be perceived as her trying to interfere with matters that are already in court.
"Let the courts decide rather than confusing the public," Haniff said in an audio statement.
He was responding to Azalina, who is a lawyer by training, saying the courts have no jurisdiction in the appointment of the Parliament speaker and deputy speaker.
This is after Langkawi MP Dr Mahathir Mohamad (above, right) and four other MPs filed a legal challenge against the appointment of Azhar Azizan Harun, Azalina, and Nizam Mydin Bacha Mydin as the Dewan Rakyat speaker, deputy speaker, and secretary respectively.
Haniff, who is Mahathir's lawyer, said the legal action had been carefully considered before it was initiated, and that the former prime minister and others had a right to file the lawsuit.
Earlier, Azalina cited Article 63(1) of the Federal Constitution and said the validity of any proceedings in Parliament or any of its committees cannot be challenged in court.
Article 63(1) states: "The validity of any proceedings in either the House of Parliament or any committee thereof shall not be questioned in any court".
Azalina also cited the court case of former Perak state assembly speakers V Sivakumar and R Ganesan where the court ruled that their dismissal and appointment were out of the court's jurisdiction.
Furthermore, Azalina said for her appointment as deputy speaker, her predecessor Nga Kor Ming was not removed but had instead resigned.
"Therefore, I do not see any breach of parliamentary standing orders or the Federal Constitution.
"However, as this matter is now before the courts and as a legal practitioner, I leave it to the courts to decide on the matter," she said in a statement.
Mohd Ariff Md Yusof was removed as the Dewan Rakyat speaker on July 13 with 111 votes in favour and 109 votes against.
He was removed on grounds that there was a new candidate. The motion was tabled by Prime Minister Muhyiddin Yassin.
Mohd Ariff's removal came following the collapse of the Pakatan Harapan government and the installation of the Perikatan Nasional government.
The move to replace speakers was seen as an attempt by the new PN government to assert its control over the House.
A separate motion was also tabled for Nga's removal but he resigned shortly after Mohd Ariff was removed.
The other four MPs jointly challenging the appointments with Mahathir are Jerlun MP Mukhriz Mahathir, Simpang Renggam MP Maszlee Malik, Kubang Pasu MP Amiruddin Hamzah, and Sri Gading MP Shahruddin Md Salleh.
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