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10 APRIL 2024

Tuesday, June 11, 2013

WATCH YOUR MOUTH - Surendran warns "unlawful" Pandikar

WATCH YOUR MOUTH - Surendran warns "unlawful" Pandikar
I refer to Dewan Rakyat Speaker Pandikar Amin Mulia's threat to cause Pakatan MPs to lose their seats by not swearing them in within the next 6 months. Pandikar said today that he would do so if Pakatan MPs boycott the swearing-in ceremony on June 24. Pandikar's threat is unlawful and in blatant breach of Dewan Rakyat Standing Orders and the Federal Constitution.
Under the standing orders, the Setiausaha of the Dewan Rakyat is bound to administer the oath to any MP who has not yet taken the oath. This is clear from Rule 5(2) of the Standing Orders which states that 'a member who has not previously taken the oath may present himself at the table' and the 'oath shall be admistered to him'. Rule 5(2) thus makes it mandatory for the Setiausaha to adminster the oath. The Speaker and the BN have no powers whatsoever to refuse to swear in Pakatan MPs.
Unlawful Speaker
It is shocking and unprecedented for the Speaker to make such unlawful threats against MPs duly elected by the rakyat. Pandikar's outrageous threat exposes his blatant bias against Pakatan MPs and disgraces the high office he occupies. It is a basic principle of democratic Commonwealth parliaments that the Speaker must act impartially in presiding over the House. In the UK, an MP who is appointed Speaker resigns from his political party in order to ensure impartially.
Pandikar's threat to refuse to swear in Pakatan MPs also amounts to a contempt of the Dewan Rakyat as it is tantamount to preventing MPs from carrying out their duties. It is also a serious breach of privilege which renders Pandikar liable to be referred to the Committee of Privileges. This threat by the BN appointed Speaker is consistent with the undemocratic and dictatorial manner in which Najib and the BN continue to administer the country.
N SURENDRAN, VICE PRESIDENT, KEADILAN
MP PADANG SERAI

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