Experts dispute speaker's right to suspend Perak MB

KUALA LUMPUR: Datuk Dr Zambry Abdul Kadir is still the menteri besar of Perak and he and his executive council can carry out their duties as normal as the legality of their suspension from the state assembly is suspect.

Law professor Dr Shad Faruqi Saleem said Perak legislative assembly Speaker V. Sivakumar has no power to suspend the menteri besar and his six executive councillors.

He said the assembly had to sit and approve the suspension of any member.

"The assembly acts on the recommendation of the Privileges Committee," he said when commenting on the 18-month suspension of Zambry (Pangkor).

Exco members Hamidah Osman (Sungai Rapat), Datuk Ramly Zahari (Manong), Dr Mah Hang Soon (Chenderiang), Datuk Saarani Mohamad (Kota Tampan), Mohd Zahir Abdul Khalid (Kamunting) and Zainol Fadzi Paharudin (Sungai Manik) were also "suspended" for 12 months by the committee.
Shad said he doubted the speaker could suspend the seven for such a long period.

He said based on British parliamentary procedure, the speaker could only suspend members of the house for the day on grounds of misbehaviour and general indiscipline.



Lawyer Datuk Muhammad Shafee Abdullah agreed that the position of Zambry and his exco was not affected by the suspension.

"The legislative assembly will only convene in April and they could continue with their job," he said.

Shafee described the speaker's action as disrespect to the sultan as it was a "back door (way) of disobeying the royal command".

He said it was arguably sub judice because there was a pending court action which was substantially on the same issue.

Shafee said the summons against the menteri besar and the executive councillors was not in accordance with the basic tenets of natural justice and rule of fairness.

He said the summons was vague and it appeared that there was no offence committed as their appointments had the blessing and consent of the sultan.

There was, however, some dissenting voices.

Lawyer Malik Imtiaz Sarwar said: "On the surface, everything that had been done seems to be correct."

However, he agreed the aggrieved parties could challenge the legality of the suspension by the speaker and the privileges committee in court.

"Until they do so, it would seem that Pakatan Rakyat has the majority in the assembly from a practical standpoint."

He said the opposition could move a vote of no-confidence against the current government.

Malik said the latest event raised a very interesting political scenario.

A lawyer in Ipoh, who did not want to be named, said: "If one were to study the Standing Orders of the Perak state legislative assembly carefully, the speaker has omnipotent powers.

"He can do anything in his capacity as the speaker of the house, whether in the assembly or outside of it," said the constitutional expert.

He said although state assemblymen could question the speaker on his decisions and actions when the assembly was in session, they could not force him to retract or change any decisions made

"They need to move a motion against him if they want him to change his decision. But the reality is that the speaker can always reject the motion," he said, adding that Sivakumar had acted according to the Standing Orders.New Straits Times

MN: Very interesting times. But lets all these hoha will not distract the Perak government from tackling the economics facing the country now.