Posted by sunztzhe > 2014-08-13 23:22 | Report Abuse

KUALA LUMPUR, Aug 13, 2014:

Lawyers for Liberty’s Afiq M. Noor has questioned whether Selangor Menteri Besar Tan Sri Khalid Ibrahim acted constitutionally or on his own when he fired six of his state executive councillors (exco).

Citing Article 53 (2) B of the state constitution, Afiq, in his commentary piece, said it stated that the Sultan has to elect not more than ten and not less than four assemblymen to be state executive councillors on advice of the Menteri Besar.

“Based on these provisions, the power to elect state exco members falls upon the Sultan on advice of the Menteri Besar.

“Article 53(7) then stated that the state excos will hold their positions as long as the Sultan wishes and the exco members and Menteri Besar can resign whenever they want,” said Afiq.

“Khalid always said his removal had to be done in accordance with the state constitution, but he was clearly wrong and acted against the constitution when he fired his six exco members,” said Afiq.

Afiq said only the Sultan could fire the exco members, adding that although the state constitution does not specifically mention the power to sack them, Article 53(7) was sufficient.

“In addition to that, Section 47 of the Interpretation Act 1948 and 1967 (Act 338) states that anyone who is lawfully given the power to appoint also has the power to dismiss or suspend.

“Khalid is only responsible for advising the Sultan and nothing more,” he added, stating that the state constitution was not very different from the Federal Constitution in the same respect.

Article 43(5) of the Federal Constitution states that all ministers, apart from the Prime Minister, hold their positions at the pleasure of the Yang di-Pertuan Agong and their appointments can only cancelled by the King on advice of the Prime Minister.

In the case of the federal government, the Prime Minister only advises the King and the revoking of the appointments is done by the latter, Afiq stated.

“I think Khalid needs to realise that the six who were sacked were state exco members and not government ministers,” he added.

Yesterday, an embattled Khalid sacked six of the state’s exco members from the DAP and Parti Keadilan Rakyat (PKR).


Read more: http://www.therakyatpost.com/news/2014/08/13/selangor-mb-acted-state-constitution/#ixzz3AHkeMWQJ

Posted by sunztzhe > 2014-08-13 23:29 | Report Abuse

Constitution of the State of Selangor
The Constitution of the State of Selangor came into force on the 26 of February 1959. The constitution is separated into two parts. Under the 1959 constitution, Selangor is a constitutional monarchy.

Selangor Sultanate
The Sultan of Selangor is the constitutional Ruler of Selangor. The role, powers and duties of the Sultan are set forth in the constitution of 1959. The constitution proclaims that the office of Sultan is vested with the executive power of the state, is the head of the religion of Islam in the state and the "fountain of honours and dignities" in the state.

This position is hereditary and can only be held by a member of Selangor's royal family. The current ruler is His Royal Highness Sultan Sharafuddin Idris Shah, who has held this position since 2001.

State Executive Council
The State Executive Council, which along with the Sultan is Selangor's executive branch of government, was established by the constitution of 1959. It is composed of the Menteri Besar, who is its chairman and Selangor's head of government, and ten other members. The Menteri Besar and other members of the council are appointed by the Sultan of Selangor from members of the State Assembly.

State Assembly
The state also has a legislative branch, called the Selangor State Assembly. It is similar to the Parliament but is limited to making laws relating to the state. Its members are elected in elections which are usually held simultaneously with federal elections. The term of each state assembly member is limited to five years. The state assembly must be dissolved before or once it expires its term for a fresh election to elect its members.

Posted by sunztzhe > 2014-08-14 09:30 | Report Abuse

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