Perak Speaker Did Not Follow Procedures

KUALA LUMPUR, Feb 16 (Bernama) -- Perak state legislative assembly Speaker V Sivakumar did not follow procedures in suspending Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and six state executive councillors (excos) from the assembly's sittings, said former Dewan Rakyat secretary Datuk Abdullah Abdul Wahab.
He said the decision to suspend them by the assembly's Rights and Privileges Committee, which is part of the legislative process, must get the approval of the members of the assembly.
"The committee can only make recommendations. It is up to the assembly members to approve or reject the recommendations," he told Bernama here on Wednesday.
He said only if the assemblymen approved the recommendations, such suspensions could be meted out.
Abdullah said this in commenting on a statement by V. Sivakumar today announcing the suspension of Zambry from attending Perak State Assembly sittings for 18 months.
The six excos - Datuk Ramly Zahari (Manong), Datuk Saarani Mohamad (Kota Tampan), Hamidah Osman (Sungai Rapat), Zainol Fadzi Paharuddin (Sungai Manik), Mohd Zahir Abdul Khalid (Kamunting) and Dr Mah Hang Soon (Chenderiang) - were suspended for 12 months. The suspensions were with immediate effect.
The committee took the action after receiving a complaints from Canning assemblyman Wong Kah Woh of the DAP, who alleged that their swearing-in as Menteri Besar and excos was in contravention of the state Constitution as Perak's 10th Menteri Besar, Datuk Seri Mohammad Nizar Jamaluddin, had yet to officially resign, Sivakumar had said in a four-paragraph press statement released in Ipoh earlier Wednesday.
According to Abdullah, the Dewan Rakyat once took a similar action in suspending Fong Po Kuan (DAP-Batu Gajah) as a Member of Parliament, and it was done as per the Standing Orders.
On Dec 11 2001, Datuk Seri Dr Rais Yatim, who was then Minister in the Prime Minister's Department, had moved a motion to have her suspended for six months for issuing a press statement that insulted Parliament and the Speaker Tun Dr Mohamed Zahir Ismail.
The decision to suspend Fong was put to a vote where 83 members supported it while 28 were against, and it was not done outside the assembly without the approval of its members, he said.
A senior legal practitioner in Ipoh, who did not want to be named, said the action taken by Sivakumar was "a clear violation of the Standing Orders of the State Legislative Assembly of Perak."
He said under Rule 71 (2) of the orders, when the assembly is not in session, a member can inform the Speaker if there had been violations of the rights and privileges.
The Speaker, if he is satisfied with the complaint, can refer it to the Rights and Privileges Committee and the committee must report it to the assembly, he said.
He said the action was also "against the principles of natural justice" since the seven are the people's elected representatives, and thus the decision would prevent them from carrying their responsibilities.
"More serious, Zambry and the six Excos are appointed by the Sultan of Perak and this action violates Article 12 of the Laws of the Constitution of Perak on the appointment of Menteri Besar and Article 16 on the appointment of Excos," he said.
It also prevented the seven who have been appointed legally by the Sultan of Perak from carrying out their task in managing and developing the state, which is badly needed in facing the current economic uncertainties.
"Furthermore, were the seven issued summonses which detailed their wrong doings and allowed to defend themselves?" he asked.
Meanwhile, constitutional law lecturer Prof Dr Aziz Bari said that Sivakumar being the Speaker had the power to do so (mete out the suspensions).
"The Speaker is the master of the house...basically," he said.
He said in the past, there had been cases of suspensions of state assembly persons by state assembly Speakers and Members of Parliament (MPs) by the Dewan Rakyat Speaker.
"The power of the Speaker is same," he said, adding that throughout the Commonwealth, when it came to the power of the Speaker, it was the same.
"So, I don't see how this problem (Perak) can be solved without having an election," he added.

Sivakumar's Action A Joke, Says Nazri

KUALA LUMPUR, Feb 18 (Bernama) -- Describing the move by Perak State Legislative Assembly Speaker V. Sivakumar as a joke, Minister in the Prime Minister's Department Datuk Seri Nazri Aziz said the former was making a mockery of the Perak State Assembly.
He said the whole episode was a "comedy" because the decision by Sivakumar was "very ridiculous".
In an unprecendented move, Sivakumar today suspended Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his executive council members from attending the State Legislative Assembly for a lengthy period.
The latest twist to the Perak political saga came after the State Speaker ruled that Zambry and the six executive councillors were in contempt of the assembly.
Zambry was barred from attending the State assembly for 18 months while his executive council members were barred 12 months, effective today.
"The Speaker took it upon himself to become judge and jury when he has no jurisdiction at all. This is really a joke and a mockery of the whole episode," Nazri told a press conference at the Parliament building, here today.
"But I feel that this must be stopped. Barisan Nasional state assembly members should take to court to resolve the stalemate to clarify the situation," he said.

Zambry Says He Will Take follow Up Action

IPOH, Feb 18 (Bernama) -- Menteri Besar Datuk Dr Zambry Abdul Kadir said he and the six executive council members will take "follow-up" actions following their suspensions by the state legislative assembly's Rights and Privileges Committee.
He declined to say what the actions would be but said that the suspensions were made "in total disregard to the power of the Sultan of Perak to appoint the Menteri Besar and the executive council."
The committee also barred Zambry and his executive council from attending the state legislative assembly for 18 months and 12 months respectively, effective Wednesday.
All of them were summoned to appear before the Rights and Privileges Committee following complaints by DAP assemblyman for Canning, Wong Kah Woh, who claimed that their appointment to their respective posts contravened the state constitution, and in contempt of the assembly because the 10th Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin had not officially resigned.
Speaker V. Sivakumar who announced the suspension, said Zambry and his executive council failed to offer any explanation pertaining to their actions.
When contacted by Bernama, Zambry said, Sivakumar's statement was "a serious lie."
"His claim that we have failed to offer any explanation is a lie of the most serious nature ever committed by a speaker," he said, adding that the speaker should have raised the matter during a state legislative assembly sitting and not acted "according to his whims and fancies."
Zambry added that he and the executive councillors had stated their positions and raised preliminary objections to the charges brought against them.
He also said that their suspensions would also be subjudice as there was still a suit pending in the High Court challenging his appointment as the menteri besar.

tunku : i think zambry is right as the suspensions would be subjudice as the court have not given its verdict yet on the challenge of zambry's appointment as mb.we hope that the pakatan leaders leave it to the court now before taking any action and don't forget you need the Ruler's blessing to rule the state. zambry can take this case to court to decide whether sivakumar have the right to do so or dissolve the assembly.