Friday, February 6, 2009

Bolehkah MB ingkar Titah Sultan?

Lanjutan dari krisis kerajaan Perak, terbaharu adalah Nizar (ex MB) ingkar Titah Sultan untuk letak jawatan.

Saya tidak berkesempatan untuk melihat Undang-undang Tubuh Kerajaan Perak tetapi saya percaya peruntukannya adalah sama dengan Undang-undang Tubuh Negeri Pahang.

Undang-undang Tubuh Negeri Pahang (Laws of the Constitution of Pahang) memperuntukan antara lain :-
  1. The executive authority of the State shall be vested in the Ruler but executive functions may by law be conferred on other persons or authorities.
  2. All executive authority of the State shall be expressed to be taken in the name of the Ruler.
  3. person shall be appointed to be Menteri Besar unless he is of the Malay race and professes the Muslim Religion.
  4. The Ruler shall appoint an Executice Council... by...(a) "the Ruler shall first appoint as Menteri 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; and (b) he shall on the advice of the Menteri Besar appoint not more than ten nor less than four other members from among the members of the Assembly..."
  5. The Executive Council shall be collectively responsible to the Legislative Assembly.
  6. If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.
  7. The Executive Council members shall hold office at the Ruler's pleasure...
  8. The Ruler shall exercise his accordance with the advice of the Executive Council or a member thereof acting in general authority...
  9. The Ruler may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the Federal Constitution) that is to say -
  • the appointment of a Menteri Besar;
  • the withholding of consent to a request for the dissolution of the Legislative Assembly;
  • the making of a request for a meeting of the Conference of Rulers....;
  • any functions as Head of the Muslim religion or relating to the custom of the Malays;
  • the appointment of an heir or heirs, consorts, Regent or Council of Regency;
  • the appointment of persons to Malay customary ranks, titles, honour and dignities and the designation of the functions appertaining thereto;
  • the regulation of royal courts and palaces.

Simply said, the Ruler of the State appoints the Menteri Besar at his sole discretion. Likewise in matters of dissolving the State Legislative Assembly.

It is my humble submission that the Ruler has the absolute authority to "hire and fire" the MB on ONE consideration ONLY i.e :-

(A) The Ruler "HIRE" the MB when in his judgment that person "command the confidence of the majority of the members of the Legislative Assembly, AND

(B) The Ruler "FIRE" the MB when in his judgment that person "ceases to command the confidence of the majority of the Legislative Assembly.

In the case of the Nizar the ex MB of Perak, he is lucky that the Ruler had asked or requested for his letter of resignation. Legally speaking the Sultan of Perak could has sacked him and it is perfectly legal!

P/s .... Jangan hanya perlukan Sultan untuk mendapat Darjah kebesaran sahaja! Titah Sultan melalui peruntukan Undang-undang Tubuh Negeri MESTI dijunjung!

Ingatlah bahawa lafaz sumpah jawatan sebagai Menteri Besar antara lain berbunyi:-

"Bahawasanya saya akan dengan sedaya upaya saya memelihara, memperlindungi dan mempertahankan Undang-undang Tubuh Kerajaan (Negeri)....

DAN disudahi dengan lafaz.....Wallahi Wabillahi Watallahi !

Update....2.08 pm

Who is to decide whether the MB "commands the confidence of the majority of the Legislative Assembly' and likewise when "he ceases to command"?

My humble submission is, again, the Ruler. The Ruler has the sole discretion and authority to appoint the MB. The word use in the constitution is "in his judgment is likely".

It is solely in the judgment of the Ruler that the person is likely to command or ceases to command the confidence of the Legislative Assembly. THEREFORE there should be no question of putting the onus of proving the confidence by way of an Assembly Sitting. Let me repeat it again. IT IS ENTIRELY up to THE JUDGMENT OF THE RULER as to who is LIKELY to command or ceases to command!

HRH The Sultan of Perak had made HRH's JUDGMENT which in simple term means:-

  • HRH The Sultan did not agree to the DISSOLUTION of the State Legislative Assembly.
  • HRH The Sultan has delivered his own judgment and had decreed that Nizar had ceased the confidence of the majority in the Perak Assembly.
  • HRH The Sultan had decreed that Nizar is FIRED in a very diplomatic way by asking him to tender his resignation.

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