Sultan’s role a smokescreen in clash over Selangor law change
Pakatan Rakyat (PR) and Barisan Nasional (BN) both insist they are on the monarch’s side, but the assembly will only decide if the federally-controlled Public Service Commission (PSC) continues to be the appropriate body to appoint top state officials or PR gets what it wants — the mentri besar having the final say.
By G. Manimaran, Shannon Teoh and Boo Su-Lyn, The Malaysian Insider
Although the Selangor Sultan will likely be at the centre of debate in today’s emergency sitting, he will neither gain nor lose the power of appointing top state officials whatever the outcome of the proposed constitutional amendments.
Pakatan Rakyat (PR) and Barisan Nasional (BN) both insist they are on the monarch’s side, but the assembly will only decide if the federally-controlled Public Service Commission (PSC) continues to be the appropriate body to appoint top state officials or PR gets what it wants — the mentri besar having the final say.
With PR only able to muster 35 assemblymen, short of the two-thirds of the 56-seat assembly required to amend the constitution, it is likely that the status quo will remain.
All that’s left to be decided is who will score more political points from apparently backing the Sultan.
Mentri Besar Tan Sri Khalid Ibrahim has claimed that the amendments will empower the state Ruler.
But BN, which controls federal government, has accused the PR state government of treason by “trying to share power with the Sultan,” as Selangor Umno deputy chief Datuk Seri Noh Omar put it.
Selangor proposes to return Article 52(1), that pertains to the appointment of the state secretary, legal adviser and financial officer, to what it was before the 1993 amendments that were effected by BN.
This will mean that the Sultan will consider the advice of the mentri besar before the appointment.
Currently, Article 52(1) gives the Sultan no legal role in the appointment process but BN has continued to ask for his consent as was the case with Datuk Mohamed Khusrin Munawi whose appointment by the PSC as state secretary is the cause of the current row.
The 1993 amendments further added Article 55(1A) which mandates that the Sultan “is to act in accordance” with the state government’s advice.
PR’s amendment draft, however, makes no mention of any clause besides Article 52(1).
But PR insists that the Sultan acting on advice is better than the situation now where the Ruler is not involved.
“Umno’s 1993 amendments took away all the power of appointment from the Sultan. So whatever we are doing cannot make things any worse for the Sultan after what they already did,” argued Kuala Selangor MP Dr Dzulkefly Ahmad.
State executive councillor Iskandar Abdul Samad told The Malaysian Insider that now, getting the consent of the Sultan was only “a courtesy, not a clear constitutional power.”
The state PAS deputy commissioner also said that allowing both the Sultan as well as the mentri besar a role in appointments would help whoever will be in power in the future to govern the state.
Faekah Husin, political secretary to MB Khalid, said that the mentri besar will only have “advisory powers” and the power to appoint would be “shared”.
She also told The Malaysian Insider that the Sultan’s powers have never been absolute.
“The Sultan has never rejected the advice of the mentri besar. This has always been the case,” she said.
But Umno insists their way is better.
