The Sultan of the Sultan

I read the many commentaries by legal experts in view of the SS appointment in Selangor. Despite is a healthy argument, it clearly shows how well trained some lawyers are when they chose to interpret the constitution on a piece meal manner. The one conclusion that we can make from the recent turmoil is that it really shows who has the power and the wisdom. Sad to say it is not the Sultan of Selangor or the current PR government of Selangor.

In addressing this issue, people with wisdom would have chosen the right and best candidate that can be the bridge between the Government and the administration for the benefit of the people. That should be the basis of the appointment. In the process of doing so procedures should be followed as per the state constitution.

As per the state constitution (Article 52 Clause 1), the appointment of the state secretary “shall be made by the appropriate Services Commission”. This is a matter that has not been disputed by the Sultan when it was reported today that the MB should discuss the matter with PSD. It was rightly pointed out by HRH it is not his call to appoint the SS.

However we see the KSN whom had acted unprofessionally in this matter. To serve the people better, he should have discussed with the MB and not the Sultan. The point is why did the Sultan grant the KSN the audience to discuss the matter? Why did the Sultan did not correct the position taken by the KSN when he announced the appointment of Kushrin? Clearly the palace has not been fair here. It appears that HRH seems to show great wisdom on when advising Khalid but not so when advising the KSN. He has demonstrated a very selective wisdom. It must have been something to do with their genes.

Datuk Hafarizam Harun the BN legal council today said TSKI has exceeded his authority in barring the new state secretary from carrying out his job, in a move he said could disrupt the state’s civil service. He was quick to point out the Section 52 (1) and (3) but failed to highlight that the appointment is not to be done via the palace. A lawyer with conscience would have pointed out that going through the palace is legally wrong and abused of due process.

Article (4) says “Before any such official attends a meeting of the State Executive Council, he shall take and subscribe in the presence of the Mentri Besar the following Oath of Secrecy“. People who wrote the constitution showed great wisdom when they insist on the need to take an oath in-front of the MB. It is done with intention to ensure that there is a balance of power and to prevent any abuse of process between the SG and the FG. It is intended that a Federal- State consultation must be in place whenever an appointment is being made. The swearing in is not merely a robotic procedural process where the MB has to witnessed it like a “dungu”.

If the intention is to leave everything to PSD, then there isn’t a need to have the swearing in ceremony in the presence of the MB. It could be done in the presence of KSN or his chief clerk. Fact remains that the process was made as such as a power balancing act. The people who wrote that piece of law have foreseen the future. If they are alive today, they would have said, “Thank God I did that way”. They must also be shaking their head in disbelief now they see the abuse and the disrespect between the FG and SG that is taking place.

I beg to differ with the views of Zaid Hamidi, the Minister of Defense when he said that PR is playing politics. The reality is the politic was started and played by BN. It would not have happened if the PSD has been professional and consulted the MB like how it was done previously. The KSN and the Sultan secretary, Munir has taken the role of the executioner. They have executed the plan designed by the Sultan of the Sultan. The SG is now in the defensive. They are doing what are rightly their rights.

courtesy of Rights2Write