An ignorant Deputy Speaker of Parliament

I am appalled by the statement of the Deputy Speaker of Dewan Rakyat Malaysia, Datuk Dr Wan Junaidi bin Tuanku Jaafar, as published in the a Chinese daily, Sin Chew Jit Poh, today.

He made the statement when commenting the decision of the Privileges Committee of Selangor Legislative Assembly to recommend the suspension of Dato Seri Khir Toyo from the service of the House for a year after being found guilty of contempt of the Legislative Assembly for refusing to attend a public hearing by the Special Select Committee on Competency, Accountability and Transparency (Selcat).

Wan Junaidi said that the Privileges Committee should not punish Khir and should instead try its best to compel Khir to attend the public hearing, including issuing warrant against Khir. He further criticized the Privileges Committee for disclosing its decision before tabling it to the Legislative Assembly.

While there is a provision in the Houses of Parliament (Privileges and Powers) Act 1952 that empowers the Speaker to issue a warrant for apprehension and imprisonment against a person, there is no such enactment or any such power to issue warrant at the Legislative Assembly level. Even at the level of Parliament, such warrant can only be issued upon resolution of the House after finding guilty of contempt.

On the disclosure of the decision of the Privileges Committee, there is no provision in the Standing Order or any other enactment that prohibits the same. The Standing Order only prohibits revelation of the evidence and documents before the committee’s report is tabled to the House.

I have no qualm if Wan Junaidi wants to defend his comrade using his status as a Deputy Speaker of Parliament. However, he should stick to the law applicable and not to mislead the public which he has obviously done.

No wonder the sitting of Parliament has always been chaotic and dubbed circus. Perhaps Wan Junaidi should make a study trip to the Selangor Legislative Assembly. I would be honored to play host to his visit.

What is “Contempt of the House”?

Contempt of House of Parliament or the Legislative Assembly is a serious offence. However, the definition of contempt is rather wide. In Erskine May Parliamentary Practice, 23 rd Edition, page 128, it is generally defined as follows:-

“…any act or omission which obstruct or impedes either House of Parliament in the performance of its function, or which obstructs or impedes any Member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results, may be treated as a contempt even though there is no precedent of the offence.”

It is impossible to list down every act that might constitute a contempt. However, there are some broad principles drawn from the past cases that exemplify the definition of a contempt.

1. Any disorderly, contumacious or disrespectful conduct in the presence of either House or a committee will constitute a contempt, which may be committed by strangers, parties or witnesses. (ibid. page 128).

2. Disobedience to rules or orders of House of Parliament or of a committee. In particular, it is stated that “disobedience to the order of a committee made within its authority is a contempt of the House by which the committee was appointed. Individuals have been held to be in contempt who did not comply with orders for their attendance made by committees with the necessary powers to send for persons; as have those who have disobeyed or frustrated committee orders for the production of papers.” (ibid. page 131).

3. Any abuse of right of petition may be treated as a contempt (ibid. page 131).

4. Members deliberately mislead the House (ibid. page 132).

5. Act of corruption or impropriety (ibid. page 132).

6. Receiving fees by Members for professional services related to Proceeding in the House (ibid. 137).

7. Diminishing the respect due to the Members by words spoken or writings published reflecting on the character or proceeding of the House as such acts of abuse tends to obstruct the House in the performance of its function (ibid. page 138).

8. Publication of false of perverted reports of debates (ibid. page 139).

9. Premature publication or disclosure of committee proceedings (ibid. page 139)

10. Obstructing Members in the discharge of their duty by way of arrest, molestation, reflection and intimidation (ibid. page 143).

The list is not exhaustive. Nevertheless, it is sufficient for our reference in the present case in Selangor.

Chaotic Perak Legislative Assembly: Was removal of Speaker lawful?

YB Sivakumar was supposedly removed as Speaker of Perak State Legislative Assembly by a motion tabled by YB Dr Zambry this morning when the Deputy Speaker was chairing the meeting from her assemblyman’s seat in the presence of the Speaker who was then still occupying the Speaker’s chair.

The office of Speaker is provided by the constitution. As such, the election and removal of the Speaker shall be conducted in accordance with the relevant provisions of the constitution. Any departure from or contravention of the relevant constitutional provisions will render the proceeding unconstitutional and unlawful.

Article XXXVIA(3)of the Perak State Constitution provides that whenever the Speaker is not present at the meeting of the House, another member of the House shall, in accordance with the provision of the Standing Order, be appointed to carry out the duties of the Speaker.

It is crystal clear that the Deputy Speaker has acted ultra vires the state constitution in chairing the meeting that removed YB Sivakumar as the Speaker when Sivakumar was present in the House. The motion passed to remove YB Sivakumar was therefore unconstitutional.

Consequently, the election of the “new” Speaker was unconstitutional as there was no vacancy to fill.

Perak Assembly held at under a tree, at a car park (Updated)

It was reported that Perak State Legislative Assembly held its emergency meeting under a tree(The Malaysian Insider), at a car park (Malaysiakini). Is that lawful?

By convention and under normal circumstances, legislative assembly meeting should be held in the assembly building.

However, if that is not expressly provided either by the Constitution or the Standing Order, the meeting may be held at any place. That must has been the intention of the legislature for not fixing a designated place of the meeting.

More importantly, Parliament or Legislative Assembly is all about the assembly of the people's representives to make laws, not the place they meet.

Therefore, my humble opinion is that a meeting of the legislative assembly held either under a tree or at a car park is lawful.

What is the Secretary of the House?

Everyone is asking who is the Secreatry of Perak State Legislative Assembly who defies the order of the Speaker. However what is more important to ask is, "what is he?".

In the House of Commons in England, the Secretary of the House is called the Clerk. There is a Department of the Clerk of the House which comprises several offices for which each office is in charge of a Principal Clerk.

The esstianl function of the Department of Clerk is to provide the procedural assistance for the orderly conduct of the work of the House and its Committees. Besides, they are involved in administrative work and asssit in drafting reports.

The position of the Secretary of the House in Perak, and all other states including Parliament, is similar to that of the House of Commons.

Therefore, it is clear that the Secretary of Perak State Legislative Assembly has acted ultra vires his job function. He is no body as far as the Constitution is concerned. He is only a creature of the Standing Order. Obviously, he is not competent to interprete the Constitution and the Standing Order.

Toll hike a stimulus package for highway concessionaires?

While the nation is anxiously waiting for Najib Abd Razak, the Prime MInister-in -waiting cum Minister of Finance to table a mini budget, allegedly a stimulus package for the economy, in Parliament, the government annouce the hike of the toll rates for 5 highways in the Klang Valley today.

This sounds like an economic stimulus package, too, but it is for the highway concessionaires first.

The announcement is made hardly 2 days after the Minister for Public Works announced the abolition of the toll collection for Salak South highway.

This episode is entitled to win the award of the best joke for the year!

Merry Christmas

Merry Christmas and Happy New Year to everyone!

Umno: Doomsday in sight?

Even Tan Sri Muhammad bin Mohd Taib also offers himself for the No.2 possition in Umno as reported by the Malaysiakini today.

11 years ago in 1997, to avoid the embarrassment that might cause by my motion of no confidence against him in the Selangor State Legislative Assembly, Mohammad made a wise choice of resigning as the Chief Minister of Selangor after he was arrested in Brisbane Airport for failing to declare the currency worth approximately RM2.4 million carried by him.

With his announcement today, there are now 5 candidated vying for the post of Deputy President of Umno. That is not the end of the list. The much talked about Tan Sri Muyhidin Yasin has yet to make his announcement. If he did in the next few days, the list would be at least 6. That is chaotic and unprecedented for Umno.

Although Abdullah has said that Najib will be his successor, no one should take it for granted that Najib would have a smooth sail to the presidency. At least Tengku Razaleigh will not easily give up his hope especially now that he has Dr Mahathir's support.

This is a once-in-the-lifetime opportunity to see how the infighting within Umno will lead to its self-destruction.

Najib may not be the next PM

(Photo by Malaysiakini)

While all eyes are on Dato Seri Najib Abdul Razak he may end up as the president of the Umno but not the Prime Minister of Malaysia by March 2009.

As I have posted earlies in this blog, there are 2 ways of casting no confidence vote against the Prime Minister in Parliament and as such the Pakatan Rakyat will still be able to change the government in the coming parliamentary sitting commencing on this Oct 13 by rejecting the Budget if a 14-day notice of motion of no confidence is not served in time.

It is still too early for Najib to be overjoyed about Abdullah's decision to throw in the towel in the Umno election.

Abdullah to quit

Latest from Malaysiakini: Abdullah to quit in March next year. Thus, it ends all speculations.

Now all eyes are on Najib.

If Anwar Ibrahim were to have sufficient number to take over the Federal Government from the Barisan Nasional, the same methodology as I wrote in my previuos post would similarly be applicable.

(Edited version)

How to cast no confidence vote against Abdullah?

Everyone is still waiting for Dato Seri Abdullah Ahmad Badawi's announcement. Read Malaysiakini today on the related story.

If Abdullah wanted to retain his position as Umno president, the Pakatan Rakyat would have to resort to casting no confidence vote against him in Parliament.

By virtue of Article 43(4), the Prime Minister shall tender the resignation of the Cabinet if he ceases to command the confidence of the majority of Parliament unless at his request Yang DiPertuan Agong dissolves Parliament.

There are 2 ways of passing a no confidence vote against the Prime Minister. Firstly, by giving a 14-day notice in accordance with the Standing Order. Then the whole whole will be waiting for the motion to be debated and decided. Secondly, by rejecting the budget tabled by the Prime Minister cum Finance Minister for which the budget debate will commence on Oct 13.

If the Pakatan Rakyat intended to launch a deadly ambush, the second method would be the better choice as no prior notice is required.

In any event, that would be equally explosive, like the one in Nagasaki in 1945.

Where to, Abdullah?

Dato Seri Abdullah Ahmad Badawi will make announcement tomorrow if he is seeking to retain the president's post of the Umno.

There are a few possibilities. Firstly, he might call it a day and will retain the prime minister's post until the election of the new Umno president next March. This seems to be the view of most of the Umno top leaders.

Secondly, he might fight on against all odds. Of course, one should not underestimate him. He might have had quietly obtained sufficient promises to nominate him to seek re-appointment by tomorrow. If this was the case, it would be a big blow to Dato Sri Najib Abd Razak and his ambitious followers.

Thirdly, Abdullah might bring 40 Umno MPs, and perhaps some other MPs from the Barisan Nasional component parties, to join Pakatan Rakyat and form a coalition federal government on the condition that he would be retained as Prime Minister for the next 2 to 3 years to carry out his reform in the judiciary, anti-corruption and public delivery system. Thereafter, he would hand over the premiership to Dato Seri Anwar Ibrahim.

It looks weird but it is possible. There would be a few advantages if the Pakatan Rakyat were to accept this offer. Firstly, there would be a peaceful transfer of power from the Barisan Nasional to the Pakatan Rakyat. Thus, there would be no declaration for emergency. Thirdly, all those reforms proposed by him could be carried out with full support from the Pakatan Rakyat MPs as against the Barisan Nasional MPs.

Lastly, Anwar would eventually be made the Prime Minister.

Whereto, Abdullah? It's all up to you.

Umno is melting down

Before Datuk Abdullah Ahamd Badawi can annouce his decison whether to contest for the Umno presidency on this Oct 9, he has already been treated as transparent by his own leaders within the Umno.

Everyone in the Umno, except Tengku Razaleigh Hamzah, has taken for granted that Dato Najib Abdul Razak will be the only and natural choice of substitute. As such, the relatively unknown leader like Dato Nur Jazlan has also announced that he would contest for the No. 2 post after the announcements by Datuk Seri Ahmad Zahid Hamidi and Datuk Seri Mohd Ali Rustam.

Going by the Malay culuture and of course the Umno culture, these leaders are biadap (rude) for being disrespectful to Abdullah Badawi. How could they assume that Abdullah Badawi will certainly step down? This is similar to the situation of a son buying coffin for his ailing father.

They are destroying not only the Umno but the Malay culture which they have been claiming to have cherished all these years.

The Umno is melting down amid the party election heat like the melting down of Antarctica as a result of the global warming.

It takes courage to acknowledge change

Undoubtedly, the Malaysia political landscape has changed after the general election on March 8, 2008. The frontline politicians have also, in the past few months, been learning how to adapt themselves to the change.

It is sometime amusing to see how those established politicians from the previous ruling party have to struggle to pick up new vocabulary in order to suit their roles as opposition now. Of course, the vice versa goes to the previous opposition who have now turned government.

Be it as it may, it takes a lot of courage for everyone in the country to acknowledge that change has taken place and, more importantly, to live with it.

Selamat Hari Raya

To all Muslim readers,

Selamat Hari Raya Aidil Fitri

Maaf Zahir dan Batin.

Progress on Selcat

Report by the Sun today:-

More bite to tackle power abuse

Tan Yi LiangKUALA LUMPUR (Sept 21, 2008) : The Selangor state government will be drafting an Act and amending its Standing Orders to give its State Assembly and committees more bite in compelling witnesses to testify against power abusers.

Its Speaker Teng Chang Khim told theSun today: "We are drafting An Act and amending the Standing Orders (to compel witnesses to give testimony). The moves are in response to difficulties causing delays in investigations into the Wives of Selangor State Assemblymen and MPs Charity and Welfare Organisation (Balkis).

"We intend to hold a public inquiry, which is what we have been entrusted to do. However, there are some obstacles in compelling some witnesses to appear before us. We are dealing with this either by enacting laws and amending the Standing Orders, to facilitate public inquiries."

Investigations into Balkis are being conducted by the Special Select Committee on Competence, Accountability and Transparency (Selcat). It has called five meetings and collected evidence since May," he added.

Teng said the proposed actions would deal with more than just the Balkis investigations."We are not just thinking of this Balkis matter. We are also thinking of the future, if there is a need to call any officer or the public, there will be something that can compel them to come.

Within days after the Barisan Nasional (BN) lost control of Selangor, the wives of the former BN assemblymen transferred about RM10 million of funds belonging to Balkis to Bakti, the federal version of Balkis.

Teng, who is Sungai Pinang assemblyman, said: "Currently, the State Constitution gives the Assembly or its committees the powers to call any witnesses to appear, but there is no penalty that can be imposed if anyone refuses.

"Various models are being studied for the Selangor government. We are actually looking at the UK and US models to study how witnesses can be compelled to appear and testify, and run a public inquiry in the presence of the press."

Teng urged the public to be patient with the state government in handling the probe into Balkis."

This is the first time in Malaysia that a public inquiry will be held to investigate matters which relate to a state administration. So we have to lay the groundwork and make a proper start so that others can emulate," said Teng, adding that the inquiry would be held early next year if "everything goes smoothly".

"There are a few factors that have to be readied, such as getting the laws done, and gathering enough evidence to hold such an inquiry," said Teng, who also spoke on the recent detention of Kinrara assemblyman Teresa Kok under the Internal Security Act (ISA).

"In the last sitting, the State Assembly passed a motion urging the government to release all ISA detainees and the abolition of the ISA as it is against human rights. I believe that in our next sitting in October, our assemblymen will take further action on this issue," said Teng, who pointed out that Kota Alam Shah assemblyman M.Manoharan is still held under the ISA.

Teng said it was up to the assemblymen to decide whether action should be taken against former Menteri Besar Datuk Seri Dr Mohd Khir Toyo for stirring up rumours which resulted in Kok's one-week detention.

"They should table a motion and let it be be debated by the assembly. If anyone feels that Khir Toyo should be disciplined, they should make the move. There is nothing to stop them from moving anything," said Teng.

Selangor Legislative Assembly goes 'live'

The Selangor Legislative Assembly created history today by having its proceedings webcast live (http://www.selangor.gov.my/)

This is another reform bring about by the Pakatan Rakyat government in Selangor since March 8, 2008.

The proceeding today only limited to the Royal address delivered by HRH Sultan of Selangor after the ceremonial inspection of guard of honour.

From tomorrow onwards until May 26, 2008, the daily meeting from 10.00 am to 1.00 pm and from 2.30 pm until 4.30 pm will also be webcast live.

Sworn in as Speaker

I have sworn in as Speaker of the Selangor State Legislative Assembly this morning. All the Selangor State Assemblymen and Assemblywomen, except Sdr Manoharan who is still under the ISA detention, and their spouses attended the ceremony which took about two and a half hour to complete.

Much attention was on whether I would wear the Songkok (heargear) and the ceremonial robe after taking the oath of office. Well, I did. I have already explained why we have to change our position before the swearing in of the State Exco members last month. It should not be an issue any more.

I look forward to bringing reform and changes to the legislature in line with the policy of the new government to bring about transparency and accountability to the state adminstration under the leadership of Tan Sri Dato Khalid bin Ibrahim, the Menteri Besar.

Khir praises me?

The former Menteri Besar and possible new Opposition Leader in the Selangor State Assembly, Dato Seri Dr Mohd Khir bin Toyo, praises me, inter alia, for having been an "effective opposition leader with lots of experience" in the Malaysiakini interview today.

Obviously, he has an axe to grind. He would not have had allowed me to be suspended for 30 months and the allowances be stripped off for 18 months if he had truly appreciated my role and my experience in the assembly.

Doesn't he forget that my symbolic act of protest of putting the Standing Order into the waste paper bin was done merely to protest the abuse of power by the then Speaker, Tan Sri Onn Ismail, for not allowing me to table my no confidence motion again Khir although I had duly notified the Speaker in accordance with the provisions of the Standing Order?

The report by the Malaysiakini is as follows:-

"Khir's challenge: Declare assets
Andrew Ong Mar 27, 08 3:05pm

Former Selangor menteri besar Dr Mohd Khir Toyo has challenged his successor Khalid Ibrahim and his state executive councillors to declare their assets.

Mohd Khir was responding to Khalid’s recent revelation that there were reservations by some exco members on the matter.

"Before the elections, they (opposition parties) promised that they would declare their assets. I want them to declare now... if they cannot, that would be very unfortunate for the people of Selangor," said Mohd Khir during a phone interview today.

In an interview carried by Malaysiakini yesterday, Khalid said that he would "most likely" compel his exco members to declare their assets publicly.

However, he added that there were reservations by some exco members who do not want their shareholding information to be made public due to "family reasons".

Mohd Khir said that up until now, neither one of the new state governments had compelled their public office bearers to declare their assets, contrary to pledges made prior to the elections.

"All these opposition leaders should declare their assets and their debts. If they have settled their debts, tell us where the money came from," he said.

Two figures which Mohd Khir paid particular interest to, in regards to debts, was Khalid and newly appointed exco member Dr Hassan Ali.

Mohd Khir said previously, he and his exco members had to declare their assets to the Chief Secretary to the Government once every two years.

‘Inexperienced’ MB

On Khalid’s proposal to implement a RM9 monthly levy for each foreign worker in Selangor, Mohd Khir said such a scheme would come under the purview of the federal government and not the state government.

"The first thing he needs to understand is the different powers of the federal and state governments. He should also thoroughly learn the state constitution and laws.

"He has shown signs of an inexperienced menteri besar who did not investigate matters thoroughly," said the former two-term Selangor chief executive.

Khalid, who has come under fire from various groups over the proposal, had said that the RM9 levy was for the purpose of weaning employers from foreign workers.

He also proposed that the collected levy, which is estimated to reach RM150 million annually, would be used for skills training programmes for youths as a means of tackling unemployment.

On Khalid’s announcement that the new state government would pursue its predecessors ‘zero-squatters’ policy, Mohd Khir said that it was due recognition of the previous government’s policy.

"Our zero squatters policy was the best in the world. Many foreign governments had sought my help in order to emulate a similar system in their respective countries.

"PKR on the hand were playing politics. It was only after they were in power they realised what we were doing in the past," he stressed.

‘Teng sidelined’

In the case of Kampung Berembang, Khir said the state government had provided options for squatters to buy affordable and proper housing.

"Last time they were against the policy. Wan Azizah (PKR president) stayed there and gave tents to encourage the people to go against us. But now they seem to be emulating our policy," he added.

Asked about the Kampung Berembang issue, Khalid said the state government would "revisit" the issue, adding that he would try to accommodate both the wishes of the squatters as well as the developer.

Developers Perspektif Masa Sdn Bhd, in collaboration with state-owned Permodalan Nasional Selangor Bhd (PNSB), had sought to forcibly remove Kampung Berembang residents to make way for development projects last year.

Residents however are asserting claim to compensation as they have lived on the land since 1960s with consent from the Selangor government as evident in provision of electricity, water and other amenities by the authorities.

On veteran DAP opposition leader and Sungai Pinang assemblyperson Teng Chang Khim, Mohd Khir agreed that he had been sidelined in the appointment of exco positions.

"Teng is very senior and I respect him because he was a very effective opposition leader with lots of experience. In contrast, Ean Yong (Hian Wah) is only 29 years old. Why was he (Teng) sidelined?" asked Mohd Khir."

Interesting article in the Star

There is an interesting article on Selangor Menteri Besar for our pleasure of reading, in the Star today.