Understanding the Terengganu MB issue

Raja Petra Kamarudin

1. The Rulers can appoint Menteris Besar of their own choice. The Rulers are not obliged to follow the advice of the Prime Minister in this and many other matters as well, as allowed under the Federal Constitution of Malaysia and the State Constitution. In fact, the Agong can even appoint a Prime Minister from amongst any Member of the House who, in his opinion, commands the confidence of the majority of the Members of the House, what more a mere Menteri Besar.

1. His Majesty the Agong does have his reasons why Idris Jusoh should not be made the Menteri Besar of Terengganu. In the event the recommended candidate has committed what can be considered a crime, like in the Shahidan Kassim case in Perlis recently, then the Ruler can reject the recommendation of the Prime Minister.

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Sultan has discretionary powers to appoint MB: Ex-Bar president

Former Bar Council president Sulaiman Abdullah said the ruler of a state may act in his discretion to appoint a Mentri Besar, pointing to Section 1 (2) (a) in the Eighth Schedule of the Federal Constitution.

The section stipulates that the ruler shall first appoint as Mentri Besar to preside over the executive council a member of the legislative assembly who in his judgment is likely to command the confidence of the majority of the members of the assembly.

"The ruler has the discretion and it is his judgment," the constitutional expert said. "The constitutional theory is the legislative assembly is made up of individual members. The ruler has to look at these diverse members and decide who would command the confidence of the majority."

Commenting on the controversial appointment of the Terengganu Mentri Besar, Sulaiman argued that the constitution requires him to exercise discretion according to his judgment and he has done so. "If the Ruler has made the wrong choice, the test is the first meeting of the legislative assembly when a vote of no-confidence could be passed," he said. "If that happens, the Mentri Besar either resigns or advises the ruler to dissolve the legislative assembly." Sulaiman said the ruler also had the discretion to withhold consent for a request to dissolve the assembly. - NST

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Dead end for Ahmad Said, so says Rais

by Deborah Loh

It's a dead end for Kijal assemblyman Datuk Ahmad Said either way, whether he is sworn in as Terengganu Menteri Besar or not. So reasoned Umno supreme council member Datuk Seri Dr Rais Yatim, as Ahmad would not get the support of the state executive council if he tried to convene one. "If he tries to convene a state government meeting, the 22 assemblymen (who are in favour of Datuk Seri Idris Jusoh as menteri besar) will table a vote of no-confidence, then he will fall like a ripened nangka (jackfruit)," said Rais today.

"It is best that the majority sentiment of the 22 assemblymen is taken into account, because the language used in the state constitution is that the MB is whoever has the most support. I believe this matter will be tabled by the attorney-general or prime minister to the Terengganu Regency Advisory Council." Rais, who is also the foreign minister, was asked to comment in his capacity as an Umno leader and law expert. He said it was only right that Umno acts against Ahmad if he insisted on being sworn in as menteri besar.

Ahmad went into the bind after he accepted the appointment by the Sultan of Terengganu Tuanku Mizan Zainal Abidin to replace Idris as Mentri Besar, despite warnings from State Umno leaders that acceptance was tantamount to a sacking. Even Prime Minister and Umno president datuk Seri Abdullah Ahmad Badawi, who endorsed Idris, gave a similar warning. However, Ahmad is adamant that his appointment had the support of some of the 22 assemblymen though he won't identify them. He is expected to sworn-in as MB on Wednesday.

In an additional response to the impasse, Minister in the Prime Minister's Department Datuk Zaid Ibrahim expressed regret that the appointment reached such a stage. "The attorney-general is the principal advisor to the prime minister and he will advise the prime minister accordingly. I very much regret that it has come to this. How do you get to have the rule of law and rule by constitutional system if we are not prepared to follow the rule of law? It is a sad day for the country," Zaid said.

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Pak Lah to seek audience with Agong over MB issue

By IZATUN SHARI

Datuk Seri Abdullah Ahmad Badawi will seek an audience with the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin who is also Sultan of Terengganu to discuss the issue of the state Mentri Besar. "I will certainly be meeting Tuanku on this problem," he told reporters Tuesday after delivering his keynote address at the Invest Malaysia 2008 conference here.

The Prime Minister was asked to comment on the position of Kijal assemblyman Datuk Ahmad Said who had already started his first day of work as Terengganu Mentri Besar at the MB's office in Wisma Darul Iman on Tuesday. Abdullah said the issue would have to be addressed quickly.

"I'd like to say that there are ways to overcoming this present problem that we are facing. I don't think that there is nothing that can be done to alleviate the situation. We know that on the ground, people are exploiting this situation for their own objectives and this is creating a lot of confusion. We have to remain cool while not becoming oblivious to what's happening with regard to the particular issue."

Asked whether any disciplinary action would be taken against Ahmad for going against the party leadership in accepting the post, Abdullah said he would leave it to the Umno Supreme Council

http://www.malaysia-today.net/2008/content/view/4974/84/


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