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Wednesday, July 23, 2014

Expert: Sultan has no say in choice of MB


The Selangor sultan has no say when the majority party has decided on the choice of menteri besar,  constitutional expert Abdul Aziz Bari said today.

This, Aziz said, was what happened in Sarawak when Abdul Taib Mahmud was replaced by Adenan Satem as chief minister, or even when Najib Abdul Razak replaced Abdullah Ahmad Badawi as prime minister.

“The role of the palace in these occasions was ceremonial and formal. One must understand that the term 'discretion' used by the state constitution, refers to situations when there is no clear choice of candidate,” Aziz said when commenting on the present Selangor quandary following the uncertainty of Abdul Khalid Ibrahim's position as memteri besar.

Aziz (left), a former law lecturer with International Islamic University, and currently with Universiti Selangor, was commenting on the PKR decision on Monday night that its president, Dr Wan Azizah Wan Ismail, would take over as Selangor menteri besar.

Today, it was reported that Wan Azizah's nomination by PKR was accepted by the Pakatan Rakyat leadership council, with PAS and DAP to bring the matter up with their respective parties.

Aziz said the sultan was bound by certain principles.

"Firstly, is there is an alternative government? In this case it is clear there is one under Wan Azizah, who seems to be having the majority support, and secondly, is the menteri besar facing a vote of no confidence in the House?

“Given the two things above, the sultan is not at liberty to dissolve the state assembly. Khalid (right) cannot use his right to request dissolution from the sultan to avoid facing vote of no confidence as that discretion lies with the sultan.

Aziz said if the change took place, this would not be the first time that a Selangor menteri besar has been replaced. In 1975, then prime minister Hussein Onn instructed Umno assemblyperson to vote out Harun Idris.

He said it took place in Kelantan in 1977, when PAS voted out its own menteri besar Mohamed Nasir and in Sarawak in 1966, then chief minister Stephen Kalong Ningkan was in the same boat when then prime minister Tunku Abdul Rahman Putra wasn’t happy with him.

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