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Categories
| Update Dr M: Ruler cannot remove head of govt at will |
| Politics & Government 2009 | |||
| Written by Chan Kok Leong | |||
| Wednesday, 06 May 2009 12:20 | |||
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On the eve of Perak’s first state assembly sitting, summoned by the BN state government, Tun Dr Mahathir Mohamad reignited the debate over whether Pakatan Rakyat’s (PR) MB Datuk Seri Mohammad Nizar Jamaluddin was rightly dismissed. "The Federal Constitution, as far as I know, very clearly states that the monarch cannot remove the prime minister. "He (the ruler) can refuse to appoint a prime minister but once appointed he cannot remove him until a vote of no confidence is taken," said the former prime minister during a press conference after giving his opening speech on the role of the Executive, Legislative, Judiciary and Constitutional Monarchy in Malaysia. The fourth prime minister was, however, careful not to draw parallels with the Perak case. "I think the laws (federal and state) apply to the state as well but if Perak is different, I stand corrected," Mahathir told reporters today at the Perdana Leadership Foundation. Mahathir also refused to speculate on the legality of Datuk Seri Dr Zambry Abdul Kadir’s appointment as menteri besar of Perak, saying that the issue now lies with the courts. Similarly, during the question-and-answer session, the fourth prime minister told the forum that a ruler cannot remove the elected head of government unless the latter has lost a vote of no-confidence in the assembly. Constitutional law expert Malik Imtiaz Sarwar believes that the Perak and Federal constitutions are similarly worded and that there is legal precedent that a vote of no-confidence is necessary. "But I believe Dr Mahathir’s statement is more of a policy. In the 1966 Stephen Kalong Ningkan case, however, then Supreme Court held that a vote of no-confidence was necessary although a loss of confidence was apparent from extraneous matters," said Malik. The Sarawak governor then had concluded that Stephen Kalong had lost the confidence of the assembly based on confidential letters and not through a no-confidence vote in the assembly. "The court also noted that the Sarawak Constitution did not empower the governor to dismiss a chief minister," the National Human Rights Society (HAKAM) president added. But Malik was quick to point out that the democratic process must be served with complete respect for constitutionalism, the rule of law and the separation of powers. "The constitutions are intended to allow for dynamic response without transgressing the boundaries they establish," said Malik. The only time, Mahathir said, when a monarch can overcome the constitution is when the nation was in an absolute chaos. "When nobody can decide, then the Sultan can assume certain powers. Everyone should stick to the law otherwise it will become chaotic. "I don’t think that anyone wants to return to feudalism. Going back to feudalism will be a big mistake. The system we have has worked for us very well until the present case in Perak," he added. But the 83-year-old said that BN should have been more careful in the Perak takeover and that the coalition had acted "hastily". "People should not rush to do things. Matters must be properly considered before a decision is made because when we are in a hurry, we’ll always make mistakes," Mahathir said. "In any situation, we must give ourselves time to think. I believe they (BN) were a little hasty. Maybe, they were doing the right thing but still it was hasty," he added. He was careful too not to step into a legal minefield on whether the Perak Speaker was right to suspend Zambry and six of his executive councillors. "That is for the courts to decide. Normally, when the courts are referred to, we keep our mouths shut." Mahathir was also non-committal when asked if fresh elections should be conducted in Perak to pick a new legislature and government.
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