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Monday, January 9, 2012

Khalid denies royal consent needed to remove Hasan



Selangor Menteri Besar Khalid Ibrahim has denied that prior approval from Selangor Sultan Sharafuddin Idris Shah is necessary in deciding the state cabinet post of Hasan Ali, who had been sacked by PAS.

Met by reporters today after attending the sodomy trial of opposition leader Anwar Ibrahim, Khalid revealed that he will attend a regular meeting with the sultan this Wednesday in which Hasan’s position will be discussed.

NONEWhen asked whether royal consent is needed to remove Hasan, Khalid (left) denied this, saying that PAS is the one that has the power over the exco post.

He reiterated that if the PAS veteran is a “gentleman”, he should resign since he has lost the confidence and support of his own party.

Hasan, who is the state Islamic affairs, Malay customs, infrastructure and public amenities committee chairperson, has been enjoying support from the sultan in his crusade against alleged proselytisation of Muslims by Christian groups.

His sacking and inevitable removal from the state cabinet may trigger another dispute between the Pakatan Rakyat-ruled state government and the sultan.
'Constitution backs Khalid'
Meanwhile constitutional law expert Abdul Aziz Bari (below) says Khalid has the constitution on his side as it gives the cabinet ultimate power on the matter.

“Even though Hasan Ali is the exco for religion, he is a member of the cabinet that falls under the power of the MB, not the sultan,” he said in an email to Malaysiakini today.

NONEThe law don cited Article 43 of the federal constitution that stipulates this as a matter for the menteri besar or chief minister respectively to decide.

“The constitution is clear that in the appointment and removal of cabinet members - in both federal and state levels - the palace must follow (their) advice,” he said.

The vocal law expert added that in practice for a governing coalition, it was the component parties who actually decide.

“So Hasan Ali can be dropped by MB Khalid following PAS decision to sack (him).

“Retaining Hasan would make the notion of collective responsibility hard to work. In fact he should have been dismissed a long time ago for opposing the state government policies in public,” said Abdul Aziz.
Brought down over Anwar
In a shock announcement yesterday, PAS president Abdul Hadi Awang said the party central committee has decided to sackHasan, on the grounds that his actions had violated and caused problems for the party's interests.

Hasan ali pcKhalid’s office followed confirming that a nominee for Hasan’s replacement as a state cabinet member would be submitted to the palace on Wednesday.

The disheartened Hasan blamed his sacking to hisrefusal to support opposition leader Anwar Ibrahim in the latter's sodomy trial that he claimed was contrary to PAS' stance.

Hasan has 14 days to appeal to PAS' syura council, the party's highest decision-maker.

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