An MB dare to be DURHAKA?
The conundrum between Selangor Pakatan Rakyat Government Vs HRH Sultan Selangor taken into a deeper evil twist. Failing to seek audience with HRH Sultan of Selangor over the appointment of Director of Jais Dato’ Mohd. Khusrin Munawi as the new State Secretary, MB Selangor Tan Sri Khalid Ibrahim went to take a different path to get their way. Selangor PR Government instead planned to amend the Selangor State Constitution with the explicit intention to ‘curb’ HRH Sultan’s powers and take HRH Sultan of Selangor’s Government in direct collision course with His Majesty Seri Paduka Baginda Yang DiPertuan Agong’s Government.
The Star reports:
Published: Monday January 3, 2011 MYT 10:24:00 AM
Updated: Monday January 3, 2011 MYT 3:21:42 PMS’gor MB wants state constitution amended
By WANI MUTHIAH and A. RUBAN
Khalid says Mohd Khusrin will not be sworn in before him and, given this, cannot attend state-related meetings deemed confidential, including the weekly executive council meetings
SHAH ALAM: The Selangor state government wants the state constitution amended to return the power of appointing the state secretary to the Sultan and the Mentri Besar.
Mentri Besar Tan Sri Khalid Ibrahim said he had asked Speaker Datuk Teng Chang Khim to call for an emergency state legislative assembly meeting to discuss making amendments to the state constitution.
Khalid told reporters that the amendments must return the power to the Selangor palace and the Mentri Besar in all matters concerning the appointments of the state secretary, financial officer and legal adviser.
Khalid, who met Selangor ruler Sultan Sharafuddin Idris Shah earlier in the day, said the Sultan had told him he had no power to either reject or accept appointments made by the Public Service Commission (PSC).
This was because the laws, including the Selangor constitution, was amended in this area during the 1993 constitutional crisis, he added.
The new state secretary Datuk Mohd Khusrin Munawi would not be sworn in before him and, given this, could not attend state-related meetings deemed confidential, including the weekly executive council meeting, he said.
Khalid also said that the he and the executive council members would not attend any function commemorating Mohd Khusrin’s appointment.
Khalid also said that the state government would be writing to the PSC over the appointment of a qualified and appropriate candidate to fill in the state secretary’s post vacated by Datuk Ramli Mahmud on Dec 31 last year.
According to sources Khalid and the exco members might keep away from Khusrin’s swearing in ceremony before the Sultan on Thursday.
Mohd Khusrin, appointed by the PSC, reported to work this morning.
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The move should be seen as an act against HRH Sultan of Selangor. This should be seen as nothing but durhaka!
The Selangor State Constitution clearly expressed that the appointment of the State Secretary is the prerogative of the ‘Appropriate Civil Service Commission’, which is the Public Service Commission (PSD). PSD delegated this power in full to the Public Service Department (JPA), which nominated Khusrin as the State Secretary for Selangor when Dato’ Ramli Mahmud retires. HRH Sultan gave his consent (perkenan) to this appointment. For the record, in the Selangor State Constitution states that HRH Sultan of Selangor is the ‘Chief Executive’ and not the Menteri Besar.
Now MB Khalid declared that the newly appointed Selangor State Secretary is now being treated as a persona non grata and should not attend specific official State Government functions and meetings. That order include the weekly Selangor State Exco Meetings.
The impasse between the Palace and Executive would not bring any good for the rakyat. The banishment of the State Secretary from any State Exco Meeting or any other official meetings and/or function would definitely stunt any administrative work to be carried out. The State Secretary is the Chief Administrator for the state and is the de facto head of the civil service, the Selangor State Government administrating and executioner of Federal and State Government policies and decisions.
This move should also be seen as an act of anti-Federalism and anti-Federal Constitution.
The interest of the Pakatan Rakyat Selangor State Government to amend the Selangor State Constitution is all about politics. They wanted a free-reign of the Selangor Civil Service machineries to serve their political agenda and nothing else. The amendment of the State Constitution to fit the Pakatan Rakyat’s agenda says it all. They are willing to abuse power for them to remain as the Executive in Selangor.
What happens in the future is of no concern to these Pakatan Rakyat leaders.
Selangor Civil Service was part of the Federated Malay States Civil Service, which is the mainstay of the Public Service Department till present day. Non Federated Malay States such as Johor, Terengganu, Kelantan, Kedah and Perlis are ‘independent’ State Civil Service where they have their own commission of the appointment of state civil servants. The amendment of this will disrupt this system.
Then again, Pakatan Rakyat do not have the 2/3 majority in the Dewan Undangan Negeri Selangor to amend the State Constitution. The planned intention to “Amend the State Constitution” would be another act of an on-going sordid drama, especially when BN choose not to support this hair-brain-scheme just to play into the Pakatan Rakyat politics in Selangor.
The failure to amend the State Constitution would be another attempt to rouse the emotions of the rakyat further and prolong an ongoing debate which started when HRH Paduka Seri Sultan Perak exercised his constitutional powers to sack DAP-puppet MB Nizar Jamaluddin and instead appoint BN as the incoming Perak State Government.
This is attempt should be seen with malice and disruption of social harmony and peace.
With these recent developments, the Federal Government should consider declaring a State Emergency. The impasse is a great opportunity for the National Operation Council to take over the management and adminstration of Selangor and ensure the machinery of the State Government still operational for the benefit of the rakyat and regular business of running a government.
Article 150 of the Constitution provides that:150. Proclamation of Emergency
(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.
(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.
(2a) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.
(2b) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.
(2c) An ordinance promulgated under Clause (2b) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2b) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.
(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2b) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2b).
(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer of authority thereof.
(5) Subject to Clause (6a), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.
(6) Subject to Clause (6a), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
(6a) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.
(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.
(8) Notwithstanding anything in this Constitution:
(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2b) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and (b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1); (ii) the continued operation of such Proclamation; (iii) any ordinance promulgated under Clause (2b); or (iv) the continuation in force of any such ordinance.
(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.”
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(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.
(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.
(2a) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.
(2b) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.
(2c) An ordinance promulgated under Clause (2b) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2b) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.
(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2b) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2b).
(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer of authority thereof.
(5) Subject to Clause (6a), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.
(6) Subject to Clause (6a), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.
(6a) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.
(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.
(8) Notwithstanding anything in this Constitution:
(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2b) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and (b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1); (ii) the continued operation of such Proclamation; (iii) any ordinance promulgated under Clause (2b); or (iv) the continuation in force of any such ordinance.
(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.”
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It is the best decision for the moment. After all, the Federal Constitution provide the ultra vires powers to do so. The Durhaka Pakatan Rakyat leaders should also be investigated and arrested under Seditions Act for acting against HRH Sultan for undertaking his constitutional role.
Excerpts of the Seditions Act:
Under section 3(1), those acts defined as having a seditious tendency are acts with a tendency:
| “ | (a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
(b) to excite the subjects of the Ruler or the inhabitants of any territory governed by any government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State; (d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State; (e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or (f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III of the Federal constitution or Article 152, 153 or 181 of the Federal Constitution. |
*Updated 630pm
The "thirteen million plus Ringgit" guy rambles.... 
