Expert: Ban on state sec illegal

WHAT EXPERT - AS REQUIRED BY LAW, THE NEWLY APPOINTED STATE SECRETARY NEED TO TAKE HIS OATH OF SECRECY BEFORE THE MENTERI BESAR.

SINCE THIS IS NOT DONE YET - HE HAS NO RIGHTS TO ATTEND ANY EXCO AND STATE ASSEMBLY MEETINGS.

THIS NEW STATE SECRETARY IS JUST A MERE "PUPPET" FOR THE TIME BEING.

PETALING JAYA: The Selangor Mentri Besar’s ban on state secretary Datuk Mohd Khusrin Munawi from attending meeetings of the state executive council is illegal, said a constitutional law lawyer.

“Tan Sri Khalid Ibrahim has no legal basis to object to the appointment of Khusrin,” said Datuk Mohd Hafarizam Harun.

He added that Mohd Khusrin could seek a mandamus order from the appellate and special powers court compelling Khalid to act in accordance with the constitution.

Mohd Hafarizam said this in response to Khalid’s statement that he would not allow Mohd Khusrin to take an oath of secrecy before him, and therefore the latter is barred from attending state exco meetings.

“Such an act is unconstitutional, as Mohd Khusrin must take an oath of secrecy before the Mentri Besar, otherwise Mohd Khusrin will not be able to effectively perform his duties as the chief administrator of the state. The administrative system may collapse if the impasse persists,” he said.

He noted that Mohd Khusrin was appointed in accordance with federal and state constitutions.

Khalid’s objection to the appointment could be perceived as an act of treason as the Sultan had consented to the appointment of Mohd Khusrin, said Mohd Hafarizam.

Mohd Hafarizam said Article 52 of the state constitution empowers the “appropriate” public service commission to appoint state secretary, legal adviser and financial officer.

It is not stated in the constitution that the three top officials must be appointed with the consent of the Mentri Besar, he added.

In Federated Malay States, including Selangor, the Federal Public Service Commission had the prerogative to appoint the three top officials in the state.

Non-Federated Malay states, such as Kedah and Johor, impose a closed civil service system where only those within the state civil service can be appointed to the state secretary posts.

On state Speaker Datuk Teng Chang Khim’s claim that they need not get the consent of the Sultan to convene a state assembly meeting to amend the state constitution, Mohd Hafarizam said all fresh sittings required the consent of the Sultan.

He also said the state government’s proposed amendment to the state constitution was an act of futility, as they did not have the two-thirds majority to pass the amendment.

“Furthermore, any amendments contrary to the federal constitution can be challenged in the Federal Court, and can be declared void to the extent of inconsistency,” said Mohd Hafarizam, who is the legal adviser to Barisan Nasional and has experience in handling high-profile cases involving constitutional matters in Perak and Kedah. - Star