Selangor is now Khalid’s government (Updated with Chinese Translation)
Khalid will now have to address the issue of his ten-member EXCO. They are his EXCO. They should serve under him. And if they refuse to do so then they should resign. They cannot, as Sivarasa said, report to the party instead of to the boss when the Sultan appointed them on the advise of this boss.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Technically, since yesterday, when PKR sacked Khalid Ibrahim from the party, Selangor no longer has a Pakatan Rakyat government. It has a Khalid Ibrahim government. That is the implication of the present situation in Selangor.
Law expert Dr Abdul Aziz Bari is of the opinion that the sacking of Khalid spells the end to the Pakatan Rakyat government until a new Pakatan Rakyat Menteri Besar is appointed with the consent of HRH the Sultan of Selangor.
Dr Aziz is also of the opinion that Khalid no longer has any power to continue running Selangor because once he is sacked then the ten-member EXCO that he appointed is also considered automatically sacked since the EXCO is the Menteri Besar’s EXCO.
PKR Supreme Council member R. Sivarasa more or less confirmed this when he said that the EXCO would no longer report to or take instructions from the Menteri Besar but would now come under Pakatan Rakyat.
According to the Constitution, however, the EXCO is appointed by the Ruler on the advise of the Menteri Besar. Hence whether what Sivarasa said is legal or not is certainly questionable. If the EXCO does not report to him or refuses to follow his instructions, Khalid can actually have them removed and a new EXCO is appointed (by the Sultan).
When Khalid became the Menteri Besar as a Pakatan Rakyat representative, understandably, he would appoint his EXCO based on the wishes of his party. This means Pakatan Rakyat would submit the names of the ten to be appointed to the EXCO.
Now, however, since he is an independent and no longer belongs to any party, he need not listen to the party and can actually appoint a new EXCO of his own choosing.
The moral thing for Pakatan Rakyat to now do is to ask the ten EXCO members to resign. Would any Pakatan Rakyat representative want to serve as an EXCO member in, say, Kedah, which has a Barisan Nasional Menteri Besar? If the Pakatan Rakyat representative in Kedah is offered an EXCO post in Kedah and if he or she accepts that would be seen as a sell-out or betrayal and he or she would definitely face a sacking from the party.
The question of whether Khalid stays on as the Selangor Menteri Besar depends on whether he still has the support of the majority of the House, in this case the 56 State Assemblypersons. And to determine this can be done in two ways.
One would be a vote of no confidence is tabled in November during the next sitting of the House and if at least 29 of the 56 representatives vote against Khalid then it would be considered as he has lost the majority support.
The next method could be for HRH the Sultan to summon the representatives one-by-one to ask them their stand regarding Khalid and if at least 29 indicate they have lost confidence in Khalid then this, too, can be considered as he has lost the support of the majority.
In the meantime, until it has been determined whether he has lost the support of the majority or not, Khalid can continue serving as the Menteri Besar.
Prime Minister Tun Dr Mahathir Mohamad once faced the same issue in 1988 when Umno was deregistered. He continued serving as Prime Minister although he no longer belonged to any party and was an independent Prime Minister.
No doubt they could have ousted him with a no confidence vote in Parliament but they did not. Hence Dr Mahathir continued as Prime Minister until Umno Baru was formed and the new party was admitted into Barisan Nasional as a coalition partner.
The circumstances in 1988 may have been different from what happened yesterday. Nevertheless, the issue here is whether a Prime Minister or Menteri Besar can become an independent or party-less and continue to legally stay on as the CEO.
He can.
Khalid will now have to address the issue of his ten-member EXCO. They are his EXCO. They should serve under him. And if they refuse to do so then they should resign. They cannot, as Sivarasa said, report to the party instead of to the boss when the Sultan appointed them on the advise of this boss.
The moral thing for them to do, though, would be to resign to show that they no longer support or have confidence in Khalid because if they remain as EXCO members then this would be seen as they are endorsing Khalid’s leadership.
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Translated by Ngew Kok Yew
卡立现今必须处理十位州行政议员的问题，毕竟他们是他的州行政议员，他们应该为他效劳。他们必须辞职如果他们拒绝听从他的指示。他们不可以像西哇拉萨所说的，只向党报告而不是州务大臣，要知道他们是由苏丹依据州务大臣的建议所委任的。
原文：Raja Petra Kamarudin
译文：宫轩
严格来说，至昨日起，卡立（Khalid Ibrahim）被公正党开除党籍后，雪兰莪州政府不再是属于民联的。它是属于卡立的州政府。这是当下雪兰莪情况所引发的后果。
法律专家，阿都阿齐兹巴里医生 (Dr Abdul Aziz Bari)认为卡立党籍的开除意味着民联州政府的结束直到新的民联州务大臣在得到雪兰莪苏丹的同意后被委任。
阿齐兹医生也认为卡立 不再拥有任何权利主导雪兰莪，基于他的开除，他所委任的十位州行政议员也将会同时自动地被开除因为该州政府是州务大臣的州政府。
当公正党最高理事会西哇拉萨(R.Sivarasa)说州政府不再需要向州务大臣报告或听取他的指令而是直属民联的管辖之下时， 几乎是确认该声明。
然而，根据宪法，州行政议员是依据州务大臣的建议由苏丹委任的。因此，西哇拉萨的说辞的合法性无疑是被质疑的。如果州行政议员不向卡立报告或是不听从他的指示，卡立有权撤换他们委任一批新的州行政议员（由苏丹）。
当卡立是以民联代表成为州务大臣，他依据党的意愿来委任州行政议员的做法是可以理解的。这代表民联会呈交一份十位将被委任为州行政议员的名单。
不过既然他已是一位独立议员不再属于任何一个党，那么他再也没有必要听取党，而且能够委任自己心中的州行政议员人选。
民联如今的道德义务是命令十位州行政议员离职。在由国阵代表出任州务大臣的州属，比如说吉打，会有民联的州议员愿意出任该州的州行政议员？如果在吉打的民联代表被获邀请出任该州的州行政议员而他或她接受了该提议，那么他或她将会被视为叛徒，然后毫无可疑地被党开除党籍。
问题是，卡立能否继续出任州务大臣取决于他是否依然得到州议会的59位州议员的多数支持。有两个方法可以判断。
一个是通过下一次制表于十一月的州议会会议投下不信任票，如果得到至少29来至59位州议员的不信任票，那就意味着卡立失去多数的支持。
另一个方法是苏丹殿下号召每一位州议员，一个一个地询问他们对于卡立的立场，如果至少29位州议员表态对卡立失去信心，这同样的也可算是卡立失去多数的支持。
与此同时，当卡立还没被确认失去多数支持时，他仍然可以出任州务大臣一职。
前首相敦马哈迪曾经在1988年当巫统被撤销注册时面对过类似的问题。他继续担任首相尽管他不属于任何一个党和他是一位独立首相。
无可否认，立法会的议员能够通过投下不信任票来罢黜敦马哈迪然而他们没有。因而敦马哈迪可以继续担任首相直到新巫统的成立，然后加入国阵成为联党。
1998年的境遇可能和昨天所发生的不一样，尽管如此，现在的问题是一位首相或州务大臣是否能够以独立的身份之下继续合法地出任“执行总裁”一职。
他可以。
卡立现今必须处理十位州行政议员的问题，毕竟他们是他的州行政议员，他们应该为他效劳。他们必须辞职如果他们拒绝听从他的指示。他们不可以像西哇拉萨所说的，只向党报告而不是州务大臣，要知道他们是由苏丹依据州务大臣的建议所委任的。
他们应做的是自行辞职以证明他们不再支持或是信任卡立，不然他们会被视为赞同卡立的领导。
