Khalid has constitutional right to choose state secretary, says ex-jurist
(The Malaysian Insider) – The ongoing row over Datuk Mohd Khusrin Munawi’s appointment as Selangor’s No. 1 civil servant deepened as another retired judge waded into the fray that has set the state Pakatan Rakyat (PR) government on a collision course with the palace and Putrajaya.
A former Federal Court judge told The Malaysian Insider that both the Malaysian and Selangor constitutions empowered Selangor Mentri Besar Tan Sri Khalid Ibrahim to override the ruling Barisan Nasional (BN) federal government’s pick for state secretary and come up with his own man for the job.
Siding with Khalid in the escalating row, the ex-judge also moved to play down the role of the state secretary in the state government’s day-to-day administration.
“They [the state executive council] can always appoint an acting state secretary. Usually, the second man in command in the state civil service is the state financial officer.
“It’s just like in a company; if the CEO is not around, the chief financial officer doubles up and carries on the work,” he said.
Speaking on condition of anonymity, the ex-judge said the conflict was because the state constitution did not spell out the name of the appropriate service commission that was authorised to appoint the state secretary, which left the Public Service Department (PSD) headed by the Chief Secretary to the Government to take on the role.
“It is important to note that they [Selangor] do not have a state civil service. There is only the federal civil service,” he said in a phone interview yesterday.
“So here we see Khusrin, who happens to be a civil officer, recommended by PSD for the job,” said the Terengganu native who was holidaying in Sarawak.
But he stressed that the PSD and the chief secretary could only suggest candidates, not appoint the officer.
The crisis developed because the PSD did not follow proper procedure; instead of handing its list of candidates to the MB for consideration and waiting for confirmation, the federal body bypassed the state and approached the palace for endorsement.
“Here, the point is that the MB did not know anything at all. That’s wrong. What they did was tantamount to saying the MB is only a figurehead to witness the oath,” the ex-judge asserted.
He was very firm in pointing out that the palace only plays a ceremonial role in the appointment; the oath of loyalty ceremony fixed to take place on Thursday before the Selangor Sultan does not confer the authority of office on Khusrin.
“Ours is a constitutional monarchy system. A constitutional monarch does not have absolute powers.
“A constitutional monarch acts on advice from the state’s chief executive officer, who is the mentri besar. He cannot act on anybody else’s advice. This is accepted convention and the law,” he said.
The former member of Malaysia’s highest court insisted that the palace and Putrajaya had committed a grave error that will cause a governmental deadlock in the country’s richest state.
“How can the MB not have a say in deciding the state’s No. 1 civil officer? After all, this man is going to work with him. They must be able to get along,” he said.
The former judge, who is a member of the Terengganu Regency Advisory Council, observed that the stalemate in Selangor looked similar to the 2008 constitutional row over the appointment of the east coast state’s MB.
