INTERPRETATION OF THE LAW - RESIGNATION OF MENTRI BESAR OF PERAK
Mohd Kamal Abdullah
( Mohd Kamal Abdullah holds a law degree and was active in Malaysian politics -a component party of Barisan Nasional- until of late, to concentrate on pursuing a post-graduate law degree in United Kingdom. )
It seems that our Learned Sultan (of Perak) has ERRED in LAW.
It would be a GREAT SHAME to the people who he serves if such injustice is not corrected before more disastrous damage is caused.
Extracts from both Constitutions - Perak State and Federal Constitution reads as follows:
Perak State Constitution: Artikel XVI(6):
“If the Mentri Besar ceases to command the confidence of the majority of the Legislative Assembly, then unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council”.Compare with the Federal Constitution:
Federal Constitution: Article 43 (4):
“If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.”Looking at both, the position of Prime Minister could be done by the Yang DiPertuan Agong WITHOUT convening a Dewan Rakyat but by representation that commands the majority at his official residence.
But in the case of Perak, a vote of no confidence on the Mentri Besar at a State Legislative Assembly sitting and NOT by the Sultan.
Since the legitimate Mentri Besar has requested for the DISSOLUTION OF THE STATE LEGISLATIVE ASSEMBLY, the granting and proclamation of this dissolution would be lawful.
The PERAK PEOPLE and voters have a right to elect a new group of lawmakers to administer them.
Read here and here for more in "Kamal-Talk" Blog
SULTAN OF PERAK 'FAIL IN HIS DUTY' TO HIS RAKYAT
Many seem to question whether the Sultan of Perak have the power to appoint a new Mentri Besar when the earlier Mentri Besar has not resigned.
Looking at the Constitution, the Sultan of Perak's role is only ceremonial and the power is with the State Assembly.
A Mentri Besar need to be voted out with no confidence by the members of the State Assembly at a formal sitting. Only after receiving this notification from the State Assembly, can the Perak Sultan make arrangement to appoint a new Mentri Besar who commands the respect of the majority.
The word 'majority' is also questionable.
Can Independent representatives be considered ? The answer would be NO.
This is the rule and everyone including the Palace need to obey and respect.
From the series of events it seems that there is a BREACH and everyone irrespective of the Palace can face detriment, to the extend that the position of the Sultan could be terminated since the absolute power in any State in Malaysia are in the hands of the PEOPLE.
Its time to give in to the wishes of the people, failing which the PEOPLE'S POWER will emerge.
Allowing "Dubious' Tactics
The Sultan of Perak had failed in his duty to protect its rakyat by allowing the 'dubious' tactics used by the Barisan Nasional leaders to wrest control of the State government.
Although only with a slim majority, the Sultan had demanded the resignation of the current Pakatan Rakyat Mentri Besar and his Executive Councillors, paving the easy way for UMNO-led Barisan Nasional government to take over.
The Sultan is fully aware that the rakyat wants a State General Elections, so that the rakyat can vote a new and able government into power.
The Barisan Nasional leadership is fully aware that a general election at this moment would be very disastrous for them and had used 'dubious' means to take control.
The time has come for the rakyat to show the Palace and the Barisan Nasional leadership the 'PEOPLE'S POWER' and that this power control the Perak State.
A State general elections is the only means to resolve this predicament.