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Assembly must endorse
Speaker’s decision: Karpal
by Maria J.Dass and Giam Say Khoon
newsdesk@thesundaily.com
KUALA LUMPUR: The Perak Speaker’s decision
to bar Menteri Besar Datuk Dr Zambry Abdul
Kadir and his executive councillors from the state
assembly has to be endorsed by the assembly,
Bukit Gelugor MP and lawyer Karpal Singh said
yesterday.
Citing the case of his suspension from Parlia-
ment for six months in 2004 for chiding parlia-
mentarians for taking their oath without putting
up their right hand, Karpal said this was the way
it was done: the Rights and Privileges Committee
would make a decision and a recom-
mendation is then made to the House
for it to be endorsed.
He said the position can be rectified
by referring the committee’s decision to
the assembly.
“But then again, who is the rightful
person now to call for the assembly?”
he asked.
Karpal said V. Sivakumar, who he
describes as “the rightful Perak State As-
sembly Speaker” should now call for an
assembly sitting to endorse the decision
made on Wednesday.
He was giving his view on the com-
mittee’s decision to bar Zambry from
the assembly for 18 months and his six
executive councillors for 12 months for
contempt of the assembly by taking their
oaths of office.
As to whether the speaker had the
right in the first place to convene a com-
mittee hearing on a complaint when the
assembly was not sitting, Karpal said
Section 73(2) of the state assembly’s
standing orders states that when there
is a complaint made by a member of the
assembly to the speaker in relation to
something which is done which would
be a subject matter for the committee
to look into, and if the speaker finds
there is a
Zambry, exco men to seek legal recourse
PANGKOR: Perak Mentri Besar Datuk
Dr Zambry Abdul Kadir said yesterday
he and the six executive councillors
in the state government will take legal
action to resolve their suspension from
attending state assembly sittings.
“For now, we will continue with our
duties as usual,” he said in commenting
on the action by Speaker V. Sivakumar
in suspending him and the exco mem-
bers from attending the sittings (18th
months for him and 12 months for the
exco members).
“What is important is the validity of
the action by Sivakumar which came
with immediate effect and lying that all
of us did not provide any explanation
regarding the complaint filed against us
to the Rights and Privileges Committee
prima facie case, he can refer the matter
to the committee.
“The speaker has a right to entertain
any complaint of this nature even when
the assembly is not sitting,” said Karpal.
He said the fate of the six barred
executive councillors, the menteri
besar and the three assemblymen who
resigned from their parties to become
independents, would entail a debate in
the house, where all of them can attend
and vote.
“Here issues will be thrashed out,
but the onus is still on the speaker to
call for the assembly,” he said, adding
that the deadline for the speaker to do
so is April.
He said Zambry’s administration has
not called for an assembly and even if
he does, it is unlawful because “it is an
unlawful government”.
On the fate of the three assemblymen
from Behrang, Changkat Jering and
Jelutong whom Sivakumar claimed to
have received resignation letters from,
Karpal said: “They have a right to attend
the assembly where their status, and
whether they are disqualified, can be
trashed out under Section 33(1).
“The House must make a decision on
this, and this must be
final,” he added.
Artist Ibrahim
Hussein dies
Datin Sim Hussein looking
at her husband, artist Datuk
Ibrahim Hussein, for the last
time at their house in Lorong
Bukit Pantai in Kuala Lumpur
before he was buried at the
Bukit Kiara Muslim cemetery
yesterday afternoon.
The celebrated artist,
popularly known as Ib, died
of a heart attack at the Pantai
Medical Centre, Bangsar at
4.30am yesterday. He was
72.
He also leaves behind a
daughter, Alia Ibrahim.
Among those who were
at his house to pay their last
respects were Raja Muda
of Perak Raja Nazrin Shah,
Deputy Prime Minister Datuk
Seri Najib Razak and Bank
Negara governor Tan Sri Zeti
Aziz.
Ibrahim, born on March 13,
1936 in Yan, Kedah, was the
younger brother of literary gi-
ants Datuk Abdullah Hussein
and Tan Sri Ismail Hussein.
on Wednesday.
“There is no question of us having
problems attending the sittings because
the issue now is how he has acted,” he
told reporters after attending a Farm-
ers Day function that was officiated by
Agriculture and Agro-based Industry
Minister Datuk Mustapa Mohamed
yesterday.
He further asked whether Sivakumar,
as the speaker of the state legislature,
knew if what he had done was in ac-
cordance to the law.
“In the suspension letters, he has
clearly stated that the six executive coun-
cillors and I did not give an explanation
to the committee and this untruth should
not have been made by a speaker,” he
said. – Bernama
theSun | FRIDAY FEBRUARY 20 2009
Other views
» Dewan Rakyat Deputy Speaker
Datuk Wan Junaidi Tuanku Jaafar
“Zambry should bring the Speaker’s decision to court.
“Members of a valid select committee like the Com-
mittee of Special Privileges should reflect the composi-
tion of the House, therefore a new committee should be
established after the change of state government.
“The speaker should act neutral and not be
partisan. If he wants to form a new committee, he
must first talk to the MB.
“Furthermore, the case (lawsuit filed by Pakatan
Rakyat against Barisan Nasional for taking over the
state government) is in the court. He (Sivakumar)
cannot make his own decision any more because
Zambry is the de facto leader of the government.
“The MB should first handle the formation of the
select committee so that it can reflect the compo-
sition of the House, which is stipulated under the
state’s laws.
“Sivakumar made a decision through an old com-
mittee, which does not follow the state’s standing
orders as there were only representatives from the
PR in the committee.
“The MB should not have gone to the hearing
called by an illegal select committee and participated
by members who have their own interests to protect.
According to the rule of natural justice, those who
have their own interests to protect or conflict of
interest should not be allowed to hear the case.
“The speaker should not make a public announce-
ment before the decision is endorsed by the House.
“He must call for a sitting, report to the members
of the House on the decision and agreed by the De-
wan before it can be construed as final decision.”
» Bar Council president Datuk
Ambiga Sreenevasan
“The situation in Perak raises many constitutional issues.
“There are some overriding principles that oper-
ate in such situations. One is the doctrine of separa-
tion of powers, which means the Judiciary cannot
interfere in the workings (proceedings) of Parliament
or the State Legislative Assemblies (Article 72 of the
Federal Constitution), as they have the privilege of
regulating their own internal affairs and procedure.
“The doctrine of separation of powers also means
that there should be no Executive influence in the
workings of Parliament and State Assemblies.
“The other principle is that the Speaker has wide
powers, which in this case will be set out in the
relevant Standing Orders.
“Apart from these overarching principles, one
would have to study the Perak Constitution and
Standing Orders to resolve if the correct procedure
was followed in the suspension of Datuk Dr Zambry
Abdul Kadir and his six exco members.
“While we wrestle with these constitutional and
legal issues, there is a reality on the ground that we
must face. The legal actions are not the first and are
unlikely to be the last.
“This is not desirable and does not provide an
effective and definitive solution. Going back to the
people of Perak will. The Bar Council urged the par-
ties involved to seriously consider doing so, not only
in the interest of the people of Perak but also in the
interest of stability and the nation as a whole.”
» Home Minister Datuk Seri Syed
Hamid Albar
“Sivakumar’s decision was subjudice as there is a
court case pending at the Kuala Lumpur High Court.
“He does not have the power to suspend or bar
the menteri besar or the executive councillors for
such a long period.
“What happened seems very strange because
the speaker is acting like a judge. If a speaker thinks
he has the absolute power to do whatever in his
capacity, I think this is a worrying thing ...we have to
review and study the matter carefully.”
» Umno Youth chief Datuk Seri
Hishammuddin Hussein
“The speaker’s decision has worsened the situation
in Perak, and will only trigger the anger of the people
in Perak.
“If we continue with this, the people will become
the victims and suffer from the consequences. Such
decision also contradicts the order of the Ruler and
ends up affecting the status of the mentri besar and
the reputation of the Ruler.”
» PKR information chief and Batu
MP Tian Chua
“There is only one way to solve the problem, that is
to call for a state election and let the people elect
the government they want.
“The speaker had only exercised his prerogative
to suspend the illegally-appointed mentri besar
and his exco from entering the assembly. We can
question the motive of the speaker for making such
decision, but we cannot disobey the order.
“These are the ‘game rules’ we must follow just
like what happened in parliament, we would leave the
House when we were ordered by the speaker to go.”