YOURSAY | The House speaker's 'legal gymnastics'

 

YOURSAY | 'A motion of no confidence is a high priority, urgent and of extreme public interest.'

COMMENT | No-confidence motion – setting the record straight

Anonymous_15897060865429524: What Dewan Rakyat speaker Azhar Azizan ‘Art’ Harun is saying is that Parliament is subservient to the executive.

That cannot be correct.

The motion must be allowed as it is based on the rule of law in the Federal Constitution. Azhar’s refusal to allow the no-confidence motion is tantamount to defying Article 43(2)(a), a fundamental feature in the Federal Constitution.

How can the mere Standing Orders trump the Federal Constitution, which is the supreme charter and highest law of the land? If all of Parliament is obedient to a mere cabinet member, that goes against the fundamental doctrine of separation of powers.

Azhar, the Executive is accountable to Parliament and not the other way round. This means the prime minister and his cabinet are answerable to the people. And Parliament represents the will of the people.

Azhar's ruling is akin to telling Parliament that you can only discuss what the Executive allows. So if you want to discuss the removal of the Executive, only that same Executive can allow it. That is a perverse and twisted interpretation of parliamentary democracy.

You have also completely ignored the subject matter of this motion. This is no mere private motion to table some minor obscure by-law. This concerns the legitimacy of the entire government. How can a mundane government matter supersede the issue of addressing the legitimacy of that same government?

Azhar, I think you are just looking for technicalities and performing legal gymnastics in order to achieve political goals. Shame on you. Shame on you.

IndigoTrout2522: Azhar, being a learned and seasoned legal professional, seems to be making this issue bigger than it is.

Based on his “facts”, it seems that only the government can submit motions but Parliament, the Legislative, is an equal branch with the Executive and Judiciary.

If the Standing Order is not making sense, then Parliament can amend it to make it fairer, with just a simple majority. The House speaker can take the initiative to do it. This does not require an amendment to the Constitution.

A motion of no confidence is a high priority, urgent and of extreme public interest. The opposition leader in the House should have the standing of no less than a minister and so he should be allowed to submit the motion to be voted on. This is applicable, regardless of which party is government or the opposition.

Vijay47: Dear Mr Speaker Azhar, sir, the preamble to the parliamentary Standing Orders is the prayer beseeching Almighty God to “Let Thy blessing descend upon us here assembled, and grant that we may treat and consider all matters that shall come under our deliberation in so just and faithful a manner as to promote Thy Honour and Glory and to advance the peace, prosperity and welfare of Malaysia and its inhabitants”.

May your precious service, sir, be always guided by the light that you pray shines upon those here assembled.

It is now close to 1.20am and almost every single one of the comments posted here in Malaysiakini thus far speaks disapprovingly of you. This is regrettable and wholly unfair to you, and as you have pointed out, a product of our abysmal ignorance and perhaps, emotional bias.

Yet it is also your past catching up with you. Had you been of the same mould as, say, your predecessor Pandikar Amin Mulia, perhaps no one would have spoken out, you would have been viewed as what comes with the territory.

But you were once Art Harun, a firm voice of the people until, rightly or wrongly, you were perceived to have gone to the dark side; if life imitates art, then Art Harun seems to imitate Raja Petra Kamarudin, a kinship I am sure you would not wish to suffer.

To the unlearned commoners that we are, your so-far-brief tenure has not been particularly impressive, and the only instances that come to mind are your gentle treatment of Baling MP Abdul Azeez Abdul Rahim following his smirking, dark comments, and your presence at the infamous lunch.

Coming to the current issue of the Standing Orders, I am least qualified to even discuss it with you. Such is my deep ignorance, save to touch on one matter.

In referring to Standing Order 14(1), you have listed the relevant sequence of business. But I believe that this Order begins with “Unless the House otherwise decides…”

What is the impact of these five words, what is the role, if any, that they play in ensuring that the business order remains inviolate or otherwise? Or can the House indeed override the sequence?

I readily grant that I am being simplistic. Perhaps someone learned can clear my doubt.

Carson Lim: It is unfortunate that the House speaker himself choose a narrow interpretation of Order 18(1) to limit the voting of a matter of public urgency.

Indeed, in any event, Order 14(1) provides that such a hierarchy of businesses can be defied when "the House otherwise directs". If the PM has really lost his confidence, I don't see what is the difficulty for the members to resolve to prioritise the motion.

Cogito Ergo Sum: Technically, the speaker has a point. But what takes precedence is not a parliamentary procedure but constitutional convention.

Mr Speaker, what you are saying is that no PM can be removed by a vote of no confidence because the government deems it unimportant? Wow…

OrangeHawk3664: When a PM and his cabinet have lost the confidence of the MPs, then based on what rights are there to discuss and act on motions concerning urgent public importance? They have lost the right to govern, isn’t it?

JBond: Azhar, this illegitimate government is controversial, so is your ascension to that post. Your reputation is already tarnished as a man without principle working for an illegitimate government.

Thereafter, whatever you say is irrelevant as any law can be interpreted many ways, depending on which side of the fence one is on, which is why we have such a big law fraternity.

No need to bore us with your justifications as we can see your true colours. - Mkini