PAS flags executive meddling in move to refer Taki to rights committee

PAS has taken issue with the cabinet’s decision to refer the party’s secretary-general, Takiyuddin Hassan, to Parliament’s Rights and Privileges Committee over his remarks on the Rusila mosque incident, which involved Malaysian Maritime Enforcement Agency (MMEA) officers.

Citing provisions under the Federal Constitution, PAS information chief Ahmad Fadhli Shaari said the decision raises serious concerns about the executive branch’s potential interference in legislative matters.

“The conduct and discipline of MPs fall under the exclusive jurisdiction of the Dewan Rakyat itself, not the cabinet.

“This is clearly guaranteed by Article 62(1) of the Federal Constitution, which provides (that) each House may from time to time make rules regulating its own procedure,” the Pasir Mas MP said in a Facebook post today.

Fadhli (above) argued that the provision affirms that only the Dewan Rakyat, through its own lawful internal procedures, may determine any disciplinary action or referral involving an MP.

The executive, he asserted, has no authority to determine the course of a motion or to direct a referral to any committee.

Earlier today, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said the initial motion tabled in the Dewan Rakyat yesterday, which sought Takiyuddin's suspension over his remarks, will be fine-tuned.

The amendments will allow his referral to the committee, with the law minister noting that Takiyuddin will also be given space to be heard in the committee.

In a separate statement, Home Minister Saifuddin Nasution Ismail emphasised that Parliament is a dignified and authoritative institution which should not be misused as a platform for MPs to act arbitrarily.

Such actions, he said, include spreading slander and allegations that could undermine the credibility of the nation’s legislative institution.

Parliament is independent

Fadhli, however, referenced Standing Order 80A of the Dewan Rakyat in his posting, noting that the provision states that the committee shall inquire into any matter “referred to it by the House” and report back to the Dewan Rakyat.

“This makes it clear that only the House, through an official decision made in its sitting, may refer an issue to the rights and privileges committee.

“The committee, in turn, may act only upon a referral from the house - not on the direction or decision of the cabinet,” Fadhli said.

Stressing that Parliament stands independent of the executive in a parliamentary democracy, the lawmaker criticised the cabinet decision, which he said is akin to “determining” the course of a motion or deciding action against an MP.

Such action, he said, is without legal basis, encroaches on the jurisdiction of the house, and sets a dangerous precedent for the doctrine of separation of powers.

“Affairs of the house must be decided within the house, by the Dewan Rakyat speaker, and according to the Standing Orders - not through political decisions made by the executive,” he stressed.

Concerns over MMEA exercise

On Oct 22, Takiyiddin raised concerns about MMEA conducting an exercise at the Rusila mosque in Terengganu on Sept 19, comparing the matter with the 1985 Memali incident.

In the Memali incident, the police had tried to arrest PAS leader Ibrahim Mahmood and his followers in Kampung Memali, Kedah, resulting in a confrontation that led to the deaths of 14 villagers and four police personnel.

During the September MMEA training exercise, several personnel conducting commando training stopped to pray at the Rusila mosque in Terengganu, raising alarm among locals and PAS politicians, as the mosque is next to PAS president Abdul Hadi Awang’s home.

Yesterday, MPs from both sides of the aisle locked horns on the matter, resulting in the government deferring its parliamentary motion to suspend Takiyuddin.

The motion was also tabled despite Takiyuddin and Saifuddin having seemingly reached an amicable resolution on grievances surrounding the MMEA training exercise.

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