'In a stalemate, sultan can opt to dissolve assembly'

The Terengganu sultan can dissolve the state assembly altogether, if he cannot decide on whom best to be the menteri besar should there be a stalemate, said former law professor and constitutional expert Abdul Aziz Bari.

He added that in a hung parliament, the appointment of the menteri besar has to be decided by the sultan, and that he may use his judgment.

Abdul Aziz (left) said going by the provision of the state constitution, which is similar to the corresponding article under the federal constitution the matter falls under the discretion of the Sultan.

He noted that in Terengganu, as with elsewhere in Malaysia and in the Commonwealth countries, the sultan can appoint someone, whom in his personal judgment has the most support in the House.

"Of course in the normal circumstances this is determined by the number of seats that particular state assembly has, as it is simple mathematics. However, a hung parliament has to be decided by the sultan, whom I think may use his subjective judgment.

"If the sultan is unsure, then I think he could dissolve the House so that a fresh election could be held. This is to allow the people instead of himself to decide. From the point of the monarchy as the state unity symbol who must stand above party politics, that is perhaps the more advisable option," he told Malaysiakini.

Abdul Aziz was asked to comment on the possibility of a hung Terengganu state assembly should PAS win the Kuala Besut by-election.

Terengganu has an even number of 32 state seats - of which 17 is won by BN, and 15 by PAS in last month's general election.

Following the vacancy as a result of Dr A Rahman Mokhtar's  death earlier this week, the state is placed in a precarious position of having a hung assembly should PAS win. The election has to be called before Aug 27.

Although signs are pointing to the difficulty of the opposition in winning Kuala Besut - which is seen as a BN and Umno stronghold - there could be a sudden change, as what happened in 1999 when PAS won Kuala Besut and most of the seats forming the state government there.

'Dissolution best to avoid mistake'

Abdul Aziz said that the federal constitution and the state constitution allows the ruler to dissolve the House without a request from the sitting government.

"I think this provision is there to take care of situations such as the one during a hung parliament.

"Although the constitution says the appointment is discretionary on the part of the sultan, this option has its own risk, on the possibility that he may make a mistake and be accused of being biased, partisan and the likes.

"Dissolving the House would save the sultan from those eventualities and the image of the monarchy - as the state figure - would be protected," said the former academician.

Several newspapers, since yesterday and today, had pointed to the discretion of the sultan should this happen.