Selangor Speaker declares Port Klang seat vacant
By Shannon Teoh, The Malaysian Insider
SHAH ALAM, Jan 19 — Selangor legislative assembly Speaker Datuk Teng Chang Khim has declared the Port Klang seat vacant as its representative Badrul Hisham Abdullah has been absent for six months.
He told reporters today that the assemblyman has not attended a sitting of the assembly since July 15, 2010 and, therefore, the seat has been vacant as of January 16, 2011.
“As his seat is now vacant, he is no longer an assemblyman,” he said.
Teng said that even though Badrul had sent him a letter in December seeking leave for the sitting between November 8 and 15, he had rejected it as Badrul’s excuse of seeking medical treatment in Pahang was not a concrete reason and he did not apply before or during the sitting.
He added that although Badrul had appealed again on January 5 this year, he gave no further reasons for his absence.
Teng said that he had to establish whether the period of absence should be counted from July 15, 2010 when Badrul last attended a sitting, or November 8, 2010, when the assembly reconvened and Badrul began his absence.
“Article 69 in isolation does not help. It must be read in harmony with Article 70 (1),” he said, adding that there has been no precedent in Parliament or any of the state assemblies.
Article 69 of the Selangor Constitution states that if a member of the legislative assembly is without the leave of the speaker absent from every sitting thereof for a period of six months his seat shall be declared vacant by the speaker.
Article 70 (1) states that the Sultan shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting of the next session.
It is clear that Article 70 (1) intended that a sitting must be held within six months of the last one, the Selangor DAP vice chairman said.
He said this meant that if the assembly does not sit for six months, the Sultan shall summon a new session.
Therefore, it must be surmised that the constitution intends that a period of six months begins from the day after the last sitting, he said.
Teng said this meant that Badrul must also be deemed to be absent from the last sitting and not the date of the sitting that he was absent from.
Badrul has denied being absent from the Selangor legislative assembly sitting for six months.
Badrul claims to have attended the first day of the sitting in November before taking leave to seek alternative medical treatment.
