Umno Youth chief Dr Akmal Saleh has made a constitutional argument as to why he is still a Malacca state executive councillor despite having pledged to resign.
In a social media video last night, Akmal said that he tendered his resignation on Jan 19 and sent letters to Chief Minister Ab Rauf Yusoh and Governor Ali Rustam.
“But it (resignation) was not assented to by the governor. In Malacca’s constitution, if it’s not assented to by the governor, what can you do?” he said.
He added that he was not like DAP, which was willing to go against a sultan’s decree - in reference to DAP’s squabbles with Selangor’s Sultan Sharafuddin Idris Shah.
Akmal’s interpretation of the Malacca constitution, however, appears to be inaccurate.
There is no provision in the state’s supreme law that the governor or chief minister can reject an executive councillor’s resignation.
While Article 7(6) states that state cabinet members hold office at the pleasure of the governor, this is not a clause meant for rejecting a resignation.
Instead, the clause specifically states that a councillor can be sacked by the governor on the advice of the chief minister.
And more relevant to Akmal’s case, Article 7(6) also explicitly states: “any state executive council member can resign at any time”.
Further, contrary to Akmal’s assertions, there is no provision in the state constitution compelling obedience to the governor either.
Instead, like other constitutions in Malaysia, Article 8(1) of Malacca’s supreme law states that the governor must act on the advice of the executive council or any of its members - except on specific matters in which he has discretion.
This discretion is limited to the appointment of the chief minister based on who holds a majority in the legislature, and withholding consent for the early dissolution of the legislature.
However, as head of state and a member of the Conference of Rulers, there are cultural expectations that the governor be treated with deference and respect.
Resignations and jabs
Akmal first announced his resignation as a Malacca executive councillor in January, saying this would allow him to go all out in fighting DAP - which was then a member of the state government.
The matter has dogged Akmal since, with a recent resurgence after he pushed Housing and Local Government Minister Nga Kor Ming to quit over Pakatan Harapan’s defeat in the Johor polls.
Malacca DAP chief Khoo Poay Tiong also poked at Akmal’s non-resignation yesterday, after the party quit the state government, prompting the Umno Youth chief to release last night’s video.
Meanwhile, in a separate video this morning, Akmal hit back at Malacca DAP for quitting the state government over a new state law to appoint members to the legislature.
He said this was hypocritical of DAP, citing how Malacca Harapan chief Adly Zahari had proposed appointing assemblypersons as a condition for Harapan-BN partnership in the next state election.
Adly said this in April, according to a report by FMT. Khoo responded not long after, denying there was a discussion about appointed assemblypersons in Malacca Harapan, while reiterating the state DAP’s rejection of the proposal.
Akmal also pointed out that three Pahang DAP assemblypersons had in 2024 voted to approve the appointments of five state legislators, which included a PKR leader. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.