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Sunday, May 17, 2020

Exco's version of Perak sitting 'misleading'

Malaysiakini

MP SPEAKS | For a government who does not respect the Perak state assembly but has mounted a complete assault on the May 12 sitting, the spewing of lies from such a government is only to be expected.
The May 14 statement issued by Shahrul Zaman Yahya, an executive councillor of the Perak Perikatan Nasional (PN) government, was a lie intended to mislead the public.
I would like to clarify that as the speaker of the Perak state assembly, I had fixed only three items as the agenda for the proceedings. The first item was the presentation of the statute papers (audit reports of various government departments and agencies), the second was the royal address by His Royal Highness the Sultan of Perak and lastly my resignation speech/announcement.
At the end of my resignation speech/announcement, I announced the state assembly sitting to be adjourned to another date for the election of the new speaker pursuant to Standing Order 4 of the Standing Orders of the Perak state assembly.
Shahrul’s statement gave an impression that I was reluctant to resign, which is a lie. The attempt to evict me from the state assembly was because they refused to allow me to resign honourably but insisted that I must be removed through a motion of no confidence filed by Perak Menteri Besar Ahmad Faizal Azumu. I believe their intention was to embarrass me by doing so.
I have explained that under Article XXXVIA (2), Part 1 of the Perak Constitution, I am allowed to resign anytime. The Perak Constitution is the highest law in Perak superseding the state enactments and subsidiary rules like the state assembly Standing Orders. The motion of no confidence against me does not arise at all and it was not in the agenda of the sitting.
After my resignation as the speaker, Article XXXIA (1), Part 1 of the Perak Constitution clearly states that no business of the state assembly can be conducted until a new speaker has been elected.
I have in my resignation speech/announcement explained that a new sitting has to be fixed for the election of the new speaker as Standing Order 4 stipulates that a notice of at least seven days must be given to the secretary of the state assembly for the nomination of candidates for the new speaker post.
It is also erroneous of Shahrul to state that an adjournment of the state assembly needs to be done by way of a motion. The state assembly will stand adjourned when the agenda for the day is completed. This is a very basic fundamental logic which unfortunately Shahrul sadly is not able to comprehend.
After the state assembly session has ended, it goes without saying that any purported proceedings thereafter are null and void. Dewan Rakyat Speaker Mohamad Ariff Md Yusof (above) has fixed only one item in the agenda for the Parliament sitting tomorrow which is the royal address by the Yang di-Pertuan Agong. After the royal address, he will adjourn the sitting to another date.
Is the Perak PN government suggesting that after the speaker has adjourned Parliament, parliamentarians may still gather to decide on the motions they have filed? Can they proceed to decide on the motion filed by VK Liew, the Batu Sapi MP who proposed that the session of Parliament be for eight days? 
Can the parliamentarians proceed to decide on the motion of no-confidence against Prime Minister Muhyiddin Yassin filed by Langkawi MP Dr Mahathir Mohamad?
It is as clear as day that after a parliamentary or state assembly sitting ends, no business whatsoever can be transacted.
I trust the public will not be misled by the lies of Shahrul and the Perak PN government.

NGEH KOO HAM is Beruas MP and outgoing speaker of the Perak State Assembly. - Mkini

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