The Sun reported today that Dato Zakaria bin Md Deros, Selangor State Assemblyman for Port Klang, was a undischarged bankrupt when he held the office of senator from Sept 10 to Nov 24, 1992.
Zakaria was appointed a senator on July 30, 1991 and served two terms until July 31, 1997. He was adjudicated a bankrupt on Sept 10, 1992 but discharged on Nov 24, 1992.
Article 48(1)(b) of the Federal Constitution provides that “a person is disqualified from being a member of either House of Parliament if he is an undischarged bankrupt”.
Article 50(1) of the Federal Constitution further provides that “if a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant”.
The two articles of the constitution read together would mean that Zakaria’s seat as senator had become vacant on Sept 10,1992 with immediate effect. There is no provision in the constitution that allows him to resume the office when he subsequently obtained the discharge order on Nov 24, 1992, unless there was a stay of execution.
Therefore, Zakaria’s term of office from Sept 10, 1992 until the expiry of his first term in the senate was unconstitutional and unlawful.
Consequently, he had unlawfully received the remuneration and allowances as senator during his first term after Nov 24, 1992. He has also been unlawfully enjoying the gratuity and pension all these years from the said unlawful tenure until today.
The Parliament should take cognizance of Zakaria’s said unlawful tenure and take action to revoke his pension and further demand that all benefits that he had received during the said unconstitutional and unlawful tenure be returned.
Zakaria was appointed a senator on July 30, 1991 and served two terms until July 31, 1997. He was adjudicated a bankrupt on Sept 10, 1992 but discharged on Nov 24, 1992.
Article 48(1)(b) of the Federal Constitution provides that “a person is disqualified from being a member of either House of Parliament if he is an undischarged bankrupt”.
Article 50(1) of the Federal Constitution further provides that “if a member of either House of Parliament becomes disqualified for membership of that House his seat shall become vacant”.
The two articles of the constitution read together would mean that Zakaria’s seat as senator had become vacant on Sept 10,1992 with immediate effect. There is no provision in the constitution that allows him to resume the office when he subsequently obtained the discharge order on Nov 24, 1992, unless there was a stay of execution.
Therefore, Zakaria’s term of office from Sept 10, 1992 until the expiry of his first term in the senate was unconstitutional and unlawful.
Consequently, he had unlawfully received the remuneration and allowances as senator during his first term after Nov 24, 1992. He has also been unlawfully enjoying the gratuity and pension all these years from the said unlawful tenure until today.
The Parliament should take cognizance of Zakaria’s said unlawful tenure and take action to revoke his pension and further demand that all benefits that he had received during the said unconstitutional and unlawful tenure be returned.
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7 comments:
Yesl please let the media know and make sure this is in the press.
Get the bar council and other legal heavy weights to comment on this, and get Zakaria to pay back the haram money that he had received illegally, with interest, to the government.
It's our tax money, damned Zakaria!
I have been following your posts and have come to a conclusion.
The ringleader is Toyo. Zakaria is a clown and a stooge. Can anything be done about that ?
Answer , nothing !
why not ? becoz nobody has the balls nor the power other than him. thats why.
Long live Toyo, the undisputed King of Malaysia! It pays to be corrupted and especially absolutely corrupted.
Dear Mr. Teng,
First and foremost, i would like to just thank you for your sacrifices for the sake of Malaysia. I have read the report from the news that while DAP was protesting in front of Mr. Zakarias' house, racial abuses was hurled from the Zakaria camp.
Was it true and if i may, what racial abuse did they hurl?
Thank you for your time.
so many inside stories, and the government hasnt start to act? What are they doing?
This is msia.PM urges everyone to look at the drastic dropped ranking of msia name on corruption list seriously.I highlight the sentence"no one is above the law"
I have a question,why no appropriate action is taken against the obvious giant fish?Don't you think it is contradicting to have a toothless ACA and announced transparent institute?
i have been reading ur posts on zakaria's case.. and i so agree with tonixe..
there's not a trace on zakaria's case at all recently. Nothing. No actions to be taken anymore? Is that so?
WHy???
Zakaria's house which the council has not torn down despite it being illegal.
so why is this even happening?
http://asia.news.yahoo.com/061117/3/2t394.html
malaysian perpaduan.. race and religious tolerance are going down the drain..
is this discrimination??
is this racist?
is this even fair??
we shld not look at this issue as racial dispute, but rather at the point of justice.
if someone broke the law, they shld be bring to justive irrelevant of their origin.
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