BEST WAY TO PROVE TO SULTAN: MB crisis can be swiftly resolved in emergency sitting - retired judge

The Selangor menteri besar stalemate can be resolved if an emergency legislative assembly meeting is convened to determine who has the support of the majority assemblymen to be named the next head of the state government, says a retired judge.

Former federal court judge Datuk Abdul Kadir Sulaiman said Menteri Besar Tan Sri Abdul Khalid Ibrahim could advise the ruler to hold an emergency session.

"Alternatively, the assemblymen could petition the speaker to hold one, the speaker could then seek an audience with the ruler to convene the meeting," he said.

Kadir, who is also a former member of the Terengganu Regency Council, said the first agenda would be the taking of a no-confidence vote against Khalid.

"If Khalid is defeated, the house could proceed to hold a confidence vote to determine who among the assemblymen had the confidence of their colleagues to be the next MB."

Kadir said the floor of the assembly was the appropriate forum to decide the matter, despite the 2010 Federal Court ruling in Nizar v Zambry, which stated the measure of confidence in potential MB could also be determined outside the house.

Syahredzan Johan

"Khalid could then convey the results of the assembly meeting for the Sultan to appoint his successor," he told The Malaysian Insider.

He said this in response to the three Pakatan Rakyat component parties given a week by the palace to submit at least two names for the position of menteri besar.

Constitutional lawyer Syahredzan Johan  said Kadir's idea was a feasible proposal, but at this juncture it was best to first determine how DAP, PAS and PKR reacted to the ruler's request.

Syahredzan said the ruler's exercise of discretion to appoint a MB would be made much easier if the three parties nominated the same candidates.

But, this does not seem to be case as PKR and DAP had nominated only Kajang assemblyperson, Datuk Seri Dr Wan Azizah Wan Ismail, for the post while PAS has indicated that it will submit more than one name to the palace.

Constitutional lawyers said it was not a legal requirement to send more than one name to the sultan.

But, former Attorney-General Tan Sri Abu Talib Othman took a different view that the assembly could not nominate a MB as such an appointment was at the discretion of the ruler.

Talib said Article 53 (2) (a) of the Selangor constitution and read together with the 8th Schedule of the Federal Constitution clearly spelt out the procedure of appointment.

The schedule stated that the ruler shall first appoint as menteri besar to preside over the executive council a member of the legislative assembly, who in his judgment is likely to command the confidence of the majority assemblymen.

"The appointment of MB is at the discretion of a ruler but it must be done judiciously."

Talib said selecting a leader in the house who enjoyed majority support would not solve the current problem.

Twenty-nine assemblymen, including two from PAS, on August 14 signed statutory declarations in support of Dr Wan Azizah.

PAS at its August 17 central committee meeting nominated Dr Wan Azizah as the first choice and PKR deputy president and Bukit Antarabangsa representative Azmin Ali as second choice.

But, at the PR presidential council meeting on the same day, Azmin declined the nomination.

Earlier this week, the PAS central committee left the decision with the Sultan, but its secretary-general, Datuk Mustapha Ali, said the party would submit names of three assemblymen from PKR as MB candidates.

The tussle for the Selangor menteri's besar position has been brewing for more than a month after Khalid refused to resign to make way for Dr Wan Azizah.

Khalid was sacked from PKR on August 9 for gross misconduct. –TMI