Amendment bid fails

2011/01/25
By Mazlinda Mahmood and Alang Bendahara
news@nst.com.myShare

SHAH ALAM: The resistance by the Parti Keadilan Rakyat-led Selangor government to the state secretary’s appointment collapsed yesterday when a controversial amendment to the constitution tabled at the state assembly did not secure the two-thirds majority.

Article 52 Clause 1 of the 1959 Selangor State Constitution will remain and the position of Datuk Mohd Khusrin Munawi, the state secretary whose appointment the state government had opposed, appeared to have been
strengthened.

The constitutional provision states that the Selangor sultan, upon the recommendation of the “appropriate service commission”, (in Selangor’s case, the federal Public Service Department) shall appoint individuals holding permanent posts as the state secretary, state legal adviser and state financial officer.

At the state assembly yesterday, all 34 Pakatan Rakyat assemblymen, excluding Sungai Pinang assemblyman-cum-Selangor Speaker Datuk Teng Chang Khim, voted for the amendment while all 20 Barisan Nasional assemblymen, including former opposition leader Dr Mohd Khir Toyo, voted against.

Pakatan needed 38 votes and was four votes shy of passing the amendment.

Menteri Besar Tan Sri Abdul Khalid Ibrahim said vaguely at a press conference that Khusrin’s legitimacy would now be based on performance and that the state exco could decide on the allimportant oath of secrecy before the menteri besar for Khusrin at the state exco meeting tomorrow.

Two former senior administrators told the New Straits Times that a state secretary who does not take the oath is not allowed to attend state exco meetings on policy and finances, and, by extension, would not be able to sign cheques when his signature was required to release payments for
salaries.

Khalid had, in his closing remarks at the debate, however, said he would apply for a judicial review and that he would go on a roadshow to explain the issue to the people.

The debate had witnessed furious exchanges between Pakatan and BN representatives.

Khusrin was at the state assembly as an observer.

BN assemblyman Badrul Hisham Abdullah, whose Port Klang seat was declared vacant by the Selangor speaker on Wednesday, was not allowed to participate in the debate and barred from voting.

Teng, wrapping up yesterday’s session, said since the result of the voting did not fulfil Article 98 Clause 5 Part 2 of the 1959 Selangor state constitution,
the bill could not be read for the second and third time, meaning the current practice remained.

Opposition leader Datuk Satim Diman said Khalid should now fully accept Khusrin as state secretary after admitting their defeat.

“The menteri besar should now make preparation for Khusrin to take the oath of secrecy before him, after making a statement that he found the state secretary to be a professional civil servant.”

Earlier, Satim, in his maiden speech as Selangor opposition leader, lambasted the state government for politicising Khusrin’s appointment when the sultan of Selangor had given his blessings.

“This sitting should not have been held as it is a waste of time and an exercise in futility. The appointment of the state secretary is not a big enough issue to trigger a state of emergency which requires the amendment of the state constitution.

“This crisis would not have happened if the state government, specifically the menteri besar, understands, respects and honours the Federal Constitution and Selangor state constitution, especially the decision of the sultan of Selangor who has given his consent for Khusrin’s appointment,” he said, describing the state government as syok sendiri (self-absorbed) in tabling the amendment.

He said BN representatives would never support the amendment for four reasons: it was against the Federal Constitution; it was politically motivated and an insincere move by the Pakatan leadership; and BN had never sidelined nor turned its back on the sultan since the 1993 amendment.

The final reason, he said, was the fact that Khalid could not accept Khusrin’s appointment as state secretary which could be considered treason as the appointment had been consented to by the sultan himself.

Commenting on Khalid’s speech in proposing the amendment, Satim said it was an attempt to make people think that Umno was not respectful of the sultan.

He said the state government had twisted the episode of the amendment to the Federal Constitution made in 1993 by portraying it as BN’s attempt to erode the rulers’ power.

He said the amendment had been misinterpreted by the state government when, instead, it was actually to strengthen the rulers’ institution.

“The 1993 amendment was aimed at strengthening the rulers’ institution. That amendment was voted on unanimously by all, including the opposition of the day,” Satim told the media during the session’s lunch break.

In his debate, Satim said if the Pakatan Rakyat state government was really sincere, it should give full power to the sultan in appointing the state’s top three civil officers and not just “acting on the advice of the menteri besar” as stated in the proposed amendment.

“The Pakatan government may say that it is against the Federal Constitution
but the proposed amendment to the state constitution is also against the spirit of the Constitution.”

KOMEN : ORANG BEBAL NI SELALUNYA BODOH DAN DEGIL. KATA DIA AJE YANG BETUL. ORANG LAIN SEMUA SALAH. DIA YANG BERAK ATAS JALAN NAK SURUH ORANG LAIN BERSIHKAN...