`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Saturday, August 16, 2014

‘Contradictory for Pakatan to use SD to oust MB’


It would be inconsistent of Pakatan Rakyat to oust Selangor Menteri Besar Abdul Khalid Ibrahim through statutory declarations (SDs), said lawyer New Sin Yew.

New, who is from Bon Advocates which is representing Abdul Khalid, said Pakatan was the one opposing to such a move when BN took over Perak in 2009 by presenting SDs to the state’s sultan to prove their majority support.

"In 2009 during the Perak crisis, Pakatan's stance was that they needed to go through a vote of no confidence (in the state assembly) and the lost of support should not be determined through SDs which was done by BN.

"For them (Pakatan) to come out now and say SD is a good way (to resolve the crisis) is contradictory. It is not consistent with its approach when it was involved in the 2009 crisis," he toldMalaysiakini.

New was asked to respond to calls for Pakatan to have Khalid removed by presenting SDs to the Selangor sultan to prove that the menteri besar had lost majority support.

This comes after 30 representatives - 13 from PKR, 15 from DAP and two from PAS - in the 56-house assembly pledged support for PKR president Wan Azizah Wan Ismail (left) to replace Khalid.

New said Pakatan has yet to present the SDs to the state palace and even if it does, it is the sultan's prerogative to decide whether he trusts the documents or otherwise.

"Therefore it is quite premature to say that Khalid has lost support and it also does not automatically make Wan Azizah the menteri besar," he said.

MB not too eager to convene assembly

Khalid has refused to step down as menteri besar, prompting PKR to sack him from the party last Saturday.

Bon Advocates yesterday filed a complaint with the Registrar of Societies over the manner of the sacking which it said was flawed, threatening to deregister the opposition party.

New and his colleague Edmund Bon have come under fire for the move, including from Bersih chairperson Maria Chin Abdullah who accused them of violating human rights principles.

New, who is also a Bersih steering committee member, said he would only respond to the biting criticism when the situation had calm down.

"I will only comment at a later date because everyone is very emotional right now," he said.

Meanwhile, Universiti Malaya law professor Gurdial Singh Nijar said even if there was consensus to remove the menteri besar through a vote of confidence in a state assembly sitting, only Khalid has the power to convene it before the next scheduled meeting.

"Indeed this was exactly the position that the Federal Court envisaged in the Perak crisis case when it said: "The MB who may have lost support will not be too eager to summon it (state assembly sitting)”.

"It was to overcome such an impasse that the Federal Court said that loss of confidence can be established not only by a vote in the assembly but by other means; else, said the court, it 'would lead to an absurdity'," he said in an email to Malaysiakini.

Gurdial said in the case of Perak, state assemblypersons aligned to BN had presented their sworn statements to the palace to prove their allegiance, leading to a change in Pakatan-led state government.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.