Aziz Bari: Only sultan can intervene in 'hung' assembly

It is the Terengganu sultan, not the state assembly speaker, who has the power to dissolve the House and appoint the state government in the event of a ‘hung’ legislature.

Constitutional expert Abdul Aziz Bari(left) said Terengganu speaker Mohd Zubir Embong was appointed from outside the House and is in charge of House matters, in particular enforcement of the Standing Orders and running of the assembly.

“Zubir is not an elected assemblyperson ... This alone is enough to disqualify (him) from exercising the role should there be a hung assembly in Terengganu after the (Kuala Besut) by-election,” said Aziz Bari.

“Appointing a government and dissolving the House are matters dealt with through constitutional provisions and not Standing Orders. 

“In any case our constitutional system, unlike in continental Europe, does not put these critical powers in the hands of the speaker - we practise the UK system, where such powers are vested in the head of state.”

On Friday, Abdul Aziz had said that, in the event of the BN and Pakatan Rakyat holding seats each in Terengganu, it would beadvisable for the ruler dissolve the assembly if he cannot decide who should be made menteri besar. 

The BN’s Dr Abdul Rahman Mokhtar (right)had won the Kuala Besut state seat the May 5 general election, but it fell vacant upon his death last week. 

Abdul Aziz said Article 55(2) of the federal constitution states that the Agong can dissolve the legislative assembly, while a similar provision is found in the Terengganu constitution relating to the sultan’s power. 

“I believe this (the ruler acting to dissolve the assembly) is meant to cover situations like the one that might take place in Terengganu. I have said that dissolution is preferable in order to save the monarchy from being seen as biased or political,” he said.

‘Strong government’

The more important reason, Abdul Aziz emphasised, is the need for a strong government, rather than one that has more seats to enable the passage of Bills.

“Appointing a government through his discretionary power may fill the gap, but the sultan cannot guarantee that it will be a stable and functioning one. 

“There is no point having a government to advise him if it cannot get the supply or annual budget Bill passed. The state will remain in a stalemate despite having a government. And the sultan may get the blame for putting up the wrong government.”

On Friday, the Election Commission (EC) is to announce the dates for nominations and polling for the Kuala Besut by-election.

In a related development, the New Straits Times quoted EC deputy chairperson Wan Ahmad Wan Omar as saying that the next redelineation exercise will address the issue of an even-numbered assembly and Parliament.

The state assemblies with an even number of seats are in Kedah (36), Penang (40), Pahang (42), Selangor (56) Negri Sembilan (36), Malacca (28), Sabah (60), Johor (56) and Terengganu (32). Parliament, meanwhile, has 222 seats.