The King of Selangor is guided by the state constitution in appointing the MB. There must be an article that says the Sultan appoints a person who in his knowledge commands support from the majority. A lawyer will know about this. It’s in the article 53(2)(a).
I think knowledge is a better term- because that would mean HRH the Sultan can also has indirect knowledge- reading news, being told by others that Wan Azizah had the support of 30 ADUNs. There was a press conference announcing support from 30 aduns who signed a statutory declaration.
Assuming the rest of the aduns, 13 from PAS, 12 from UMNO and Khalid himself opposed Wan Azizah’s nomination- Wan Azizah still commands the support of the majority.
If HRH Sultan has freedom, it is in determining whether the MB is a Malay and a Muslim. He must endorse the person whom he has knowledge can command the majority support in the Dewan. Such a person is Wan Azizah . She is Malay and a Muslim. The freedom of the Sultan does not extend I think to question about the gender or birthplace of the person.
Why is it the Malay is so caught up in such pettiness? The MB must be Selangorian by birth, must be male and Muslim. Why not put up another qualification- the MB designate must have the ability to urinate into a bottle? Wan Azizah certainly would have extreme difficulty in doing that.
People are already thinking about building a new civilization, new culture, we the Malays are still caught up in such pettiness. While I am on this point, might as well say something along these lines.
Take the case of granting land titles. It is the state’s right. Let us assume any state. The Kelantanese have settled in the state for more than 40 years. So do the people from Terengganu and from elsewhere other than the host state. Petty minded officers supported later by petty minded politicians insist these people cannot get land titles because they are not from the state.
Malay officers and Malay politicians nit-pick when it comes to Malays.
I am not being racist here- but the Indians and Chinese came from India and China, yet the state governments don’t have problems in giving them titles?
So why is the Malay so petty on his fellow Malay?
Why should it be only a Selangorian( and by Selangorian , one who was actually born in Selangor) be MB or even ADUN? On the other hand the Malays can accept an MCA ADUN who isn’t born in the state. When it comes to the Malay, the Malays suddenly become so strict.
Let us take another example. All previous MCA MPs of Raub were never from the state. Yen Yen (she loves the name Yen so much, she must have it twice) is from Kelantan, Tan Koon Swan, the previous MCA wanita Chief- can’t remember her name, also not from Pahang. Luckily I a Malay am from Pahang, but if the had insisted that the MP must be born in Raub, I am disqualified. But the Chinese- that’s ok ma.
I think Malays should not be caught up with such pettiness. Most important- the MB is Malay and Muslim. Born where- don’t care.
In my opinion then, the constitution which gives overriding effect of representative democracy compels the Sultan to endorse Wan Azizah.
So, why the delay? The outgoing MB suddenly plays the dumb and foolish not to take the opportunity to advise the Sultan that Wan Azziah has the majority. He would not because he was filled with vengeance. Also he wanted to stay on as MB.
Now, this is a mystery- why does he want to stay on? He wants to finish some unfinished business with people from Ecoworld, tidy things up with Tropicana, I–world and so forth? He knows he hasn’t got the mandate. He wants to resign. He can refuse the Sultan’s request to stay on because staying on would rob the people of Selangor of political stability and normalcy.
Since Pakatan has not been registered as a single entity, each associate party of PR must submit names to the Sultan for consideration. Why is it, when asking a party constituting the majority in the House, Pakatan is considered a single entity. But they must submit as individual parties. And there is none among these who command a single biggest majority.
If the qualification is the party with more seats were to be applied- then only DAP and PAS can. Even PKR with now 13 seats cannot. If that be the case, why not extend the invitation to UMNO that has 12 seats? See whether their nominee can command a majority support.
My point here is this- PKR, DAP and PAS are entitled to submit names because they are from the same faction. The whole is recognised but when it comes to nominations, they must come from the parts. Why not un-complicate matters by asking Pakatan as a whole to submit a name or names instead of from each?
Because by asking each individual party within Pakatan to submit names, it would appear that the names nominated by PAS would eventually prevail. In that case, the most plausible next MB is Azmin.
DAP has decided that it will nominate only one name- Wan Azizah. PKR too will nominate one name. Ony PAS will submit more than one name- which includes Azmin Ali’s. By next week, there will be at least 4 names being nominated- Wan Azizah’s from PKR and DAP and Wan Azizah and Azmin’s from PAS. 1+1+2.
There is a new twist here. The question turns on how we see the concept of a royal decree as. Is it law- defiance of it, invites some form of punishment? Since there is only common law, we can treat a royal command or decree as having not the force of law. Therefore if PKR and DAP submit only one name, they have not broken any law. They have not followed the decree. After all we are not an absolute monarchy.
But the Sultan is only human. He would likely look at PAS more favourably because it is the party that is culturally attuned to the culture of the Monarchy. In doing so, HRH Sultan will also look at PAS’s nominations more favourably than from the others. -http://sakmongkol.blogspot.com/
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