Sultan’s discretion in choice of MB and constitutional practice

The recent Federal Court case decision in the Perak MB crisis leaves the Selangor Sultan little choice, but to appoint Datuk Seri Dr Wan Azizah Wan Ismail to replace Tan Sri Khalid Ibrahim as Selangor menteri besar, a law professor said today.

Universiti Malaya's Professor Gurdial Singh Nijar  added that although Sultan Sharafuddin Idris Shah had personal discretion under the Selangor Constitution to select the MB, it clearly laid out the criteria for him to exercise that discretion.

"He must appoint a member of the State Legislative Assembly "who in His judgment is likely to command the confidence of the majority of the members of the Assembly"' as stated under Article 53(2)(a), Gurdial said.

As such, Gurdial said that if the majority intimates to the Sultan their choice, he must defer to the wishes of the majority, adding that the Federal Court made this clear in the Nizar v Zambry case.

In that case, the highest court had ruled that “His Royal Highness must appoint someone who has the command and confidence of the majority of the members of the Legislative Assembly.

“In the present case there is no doubt that Zambry (the new proposed MB) has the majority support of the members of the Legislative Assembly.

“He has the support of 31 members from 59 members of the Legislative Assembly”.

Gurdial said in a statement today that in the Selangor case, a far greater majority – 43 out of the 56 members of the Legislative Assembly – has made it clear to the Sultan that Dr Wan Azizah has their undoubted support.

"Thus the Constitution and established convention, as reinforced by the decision of our highest court, seems to leave the Sultan little choice but to appoint the nominee of the majority," Gurdial said.

PKR president Dr Wan Azizah, who received the majority support of the house, had been named by the Pakatan Rakyat (PR) presidential council last Sunday to replace Khalid as MB.

It was reported today that the Sultan, who is overseas, had cut short his trip and will return on Saturday instead of August 27.

The Sultan had earlier ordered Khalid not to make any decision or announcement with regard to his position until the ruler returned on August 27.

Khalid had an audience with Sultan Sharafuddin on August 11,  two days after the PKR had sacked him.

- TMI