Saturday, July 25, 2020

Azalina: Speaker's appointment out of court's jurisdiction

Malaysiakini

Deputy speaker Azalina Othman Said, who is a lawyer by training, said the courts have no jurisdiction in the appointment of the Parliament speaker and deputy speaker.
This is after Langkawi MP Dr Mahathir Mohamad (above, right) and four other MPs filed a legal challenge against the appointment of Azhar Azizan Harun, Azalina, and Nizam Mydin Bacha Mydin as the Dewan Rakyat speaker, deputy speaker, and secretary respectively.
Citing Article 63(1) of the Federal Constitution, Azalina (above, left) said the validity of any proceedings in Parliament or any of its committees cannot be challenged in court.
Article 63(1) states: "The validity of any proceedings in either the House of Parliament or any committee thereof shall not be questioned in any court".
Azalina also cited the court case of former Perak state assembly speakers V Sivakumar and R Ganesan where the court ruled that their dismissal and appointment was out of the court's jurisdiction.
Furthermore, Azalina said for her appointment as deputy speaker, her predecessor Nga Kor Ming was not removed but had instead resigned.
"Therefore, I do not see any breach of parliamentary standing orders or the Federal Constitution.
"However, as this matter is now before the courts and as a legal practitioner, I leave it to the courts to decide on the matter," she said in a statement.
Mohd Ariff Md Yusof was removed as the Dewan Rakyat speaker on July 13 with 111 votes in favour and 109 votes against.
He was removed on grounds that there was a new candidate. The motion was tabled by Prime Minister Muhyiddin Yassin.
Mohd Ariff (right) and Nga.
Mohd Ariff's removal came following the collapse of the Pakatan Harapan government and the installation of the Perikatan Nasional government.
The move to replace speakers was seen as an attempt by the new PN government to assert its control over the House.
A separate motion was also tabled for Nga's removal but he resigned shortly after Mohd Ariff was removed.
The other four MPs jointly challenging the appointments with Mahathir are Jerlun MP Mukhriz Mahathir, Simpang Renggam MP Maszlee Malik, Kubang Pasu MP Amiruddin Hamzah, and Sri Gading MP Shahruddin Md Salleh. - Mkini

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