Kajang by-election: Constitutional crisis a possibility, says legal expert

Kajang by-election: Constitutional crisis a possibility, says legal expert

BY RASHVINJEET S. BEDI

Syahredzan Johan.

PETALING JAYA: A constitutional crisis could be triggered in Selangor if Mentri Besar Tan Sri Khalid Ibrahim is forced out of his post, said a constitutional lawyer.  

Syahredzan Johan said while he realistically doubted such a circumstance coming into play there were a few situations where a crisis could be triggered.  

One of these situations would be if Khalid requested the Sultan to dissolve the assembly and the request was granted, he said.

“In this situation a new state election would have to be called.  I doubt that will happen because Khalid seems to have accepted the possibility that he might be replaced,” he said, adding that the Sultan could not dissolve the assembly at his own discretion.  

There has been speculation that opposition leader Datuk Sri Anwar Ibrahim could replace Khalid for the top post in Selangor.

This followed the announcement that Anwar would contest in the Kajang by-election following the resignation of assemblyman Lee Chin Cheh on Monday.  

Syahredzan said another possibility of a crisis was if the Sultan did not accept the appointment of a new Mentri Besar.

“Lets just say that Anwar is proposed as Mentri Besar, but the Sultan uses his discretion and does not appoint him. We would then have a crisis on hand,” he said.

Syahredzan explained that under the Selangor constitution, the Sultan has a discretion in the appointment of the Mentri Besar.

“In almost every other matter, he acts on advice but in this matter he has discretion. But it does not mean that his discretion is unfettered. His decision must be in accordance with the constitution,” he said.

“The Menteri Besar must be someone who in His Royal Highness' judgment has the support of the majority of the legislative assembly,” he added.

However, Syahredzan said that by convention the party or coalition with the most seats in a parliamentary democracy such as ours should be able to choose the Mentri Besar.

“If Pakatan proposes Anwar, His Royal Highness should by convention appoint him for the post,” he said.

Members of Selangor PAS said they will propose a candidate for Mentri Besar should the post become vacant.

“If PAS proposes a name as well, it’s going to be a numbers game on who has support of the legislative assembly. I however don’t foresee that happening because all parties want stability,” said Syahredzan.

source : thestar