Constitutional law expert Abdul Aziz Bari argued that the sacking of six Selangor state exco members is lawful because this is in line with the practices of Westminster-style governments.
He said doing otherwise would undermine the notion of “responsible government” whereby the government is answerable to the parliament rather than the monarch.
“The principle which determines the validity of the sacking is clear. The sultan is only doing a formal and ceremonial job here.
“Giving the Agong or sultan a say here interferes the notion of responsible government and it is undemocratic,” he told Malaysiakini yesterday.
He said what is left now are details, such as the issuance of letters.
Yesterday, law professor Gurdial Singh Nijar said Selangor Menteri Besar Abdul Khalid Ibrahim’s sacking of PKR and DAP exco members with “immediate effect” yesterday is invalid.
Citing Article 53(7) of the state constitution, he claimed that only the sultan can sack the exco members; the menteri besar can only make recommendations to the sultan, but those may or may not be accepted.
Aziz countered although exco members and cabinet members hold their office at the pleasure of the head of state, it is actually head of governments such as the prime minister, the chief minister, or the menteri besar who wields the power.
“When it comes to the appointment the constitution clearly says it is on the advice of the menteri besar.
“The phrase of holding office at the pleasure of the sultan must be understood within this context,” he said.
The law also allows for the exco members to be demoted, given a different portfolio, or sacked without any explanation from the menteri besar, and this is common practice throughout the Commonwealth, he said.
He urged that the sacked exco members to respect the validity of the sacking and accept the decision.
“Let us not play constitutional politics. We may dislike his politics but anything that is legal done by Khalid must be accepted and recognised as such.
“Nonetheless the sacked exco members may work to bring down Khalid through lawful means, but defying the dismissal is not the right thing to do,” he said.
He said doing otherwise would undermine the notion of “responsible government” whereby the government is answerable to the parliament rather than the monarch.
“The principle which determines the validity of the sacking is clear. The sultan is only doing a formal and ceremonial job here.“Giving the Agong or sultan a say here interferes the notion of responsible government and it is undemocratic,” he told Malaysiakini yesterday.
He said what is left now are details, such as the issuance of letters.
Yesterday, law professor Gurdial Singh Nijar said Selangor Menteri Besar Abdul Khalid Ibrahim’s sacking of PKR and DAP exco members with “immediate effect” yesterday is invalid.
Citing Article 53(7) of the state constitution, he claimed that only the sultan can sack the exco members; the menteri besar can only make recommendations to the sultan, but those may or may not be accepted.
Aziz countered although exco members and cabinet members hold their office at the pleasure of the head of state, it is actually head of governments such as the prime minister, the chief minister, or the menteri besar who wields the power.
“When it comes to the appointment the constitution clearly says it is on the advice of the menteri besar.“The phrase of holding office at the pleasure of the sultan must be understood within this context,” he said.
The law also allows for the exco members to be demoted, given a different portfolio, or sacked without any explanation from the menteri besar, and this is common practice throughout the Commonwealth, he said.
He urged that the sacked exco members to respect the validity of the sacking and accept the decision.
“Let us not play constitutional politics. We may dislike his politics but anything that is legal done by Khalid must be accepted and recognised as such.
“Nonetheless the sacked exco members may work to bring down Khalid through lawful means, but defying the dismissal is not the right thing to do,” he said.
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