Statutory declarations backing Wan Azizah ‘inconclusive’, says Khalid’s lawyer

(Malay Mail Online) – The statutory declarations (SD) signed by 30 assemblymen supporting Datuk Seri Dr Wan Azizah recently is “inconclusive” as they can easily be retracted or amended, the Tan Sri Khalid Ibrahim’s lawyer said tonight.

According to lawyer Edmund Bon, there are only two ways to get the Selangor mentri besar (MB) to resign — either by tabling a no-confidence motion in the state assembly or by holding a meeting with the palace.

So far, neither step has been taken to force Khalid from his seat.

“This legally does not amount to a change in MB … We have seen from the past in the incident in Sabah, Perak that SD or even support in media events may not be conclusive,” Bon of law firm BON Advocates told Malay Mail Online.

“Nobody appears to move for a vote of no confidence, where the vote there is conclusive. That is why there is an impasse,” Bon added.

Bon also pointed out that the impasse is exacerbated by the fact that the Sultan of Selangor himself is not in the country.

He also claimed that the ball is now in Dr Wan Azizah’s court, as it is PKR that is trying to affect the status quo.

“My client’s view is that if they say they have the numbers, call for a vote of no confidence. Especially when the Speaker is also against him,” Bon said, referring to Selangor Speaker Hannah Yeoh of DAP.

Khalid pointed out earlier today that calling for an emergency state assembly sitting or holding snap elections cannot take place without first obtaining the Selangor Sultan’s consent, as he deflected calls from his detractors to prove his legitimacy as mentri besar.

Khalid, who was responding to claims that he no longer commands the confidence of the state assembly, said that nothing can take place until and unless the state ruler is formally informed of the situation.

Two PAS state assemblymen yesterday publicly expressed support for PKR’s Dr Wan Azizah to become Selangor mentri besar, effectively removing Khalid’s claim of commanding majority support.

The two are Hulu Klang and Morib state assemblymen Saari Sungib and Hasnul Baharuddin.

Constitutional law experts previously told Malay Mail Online that lawmakers could use external means such as statutory declarations and official letters to indicate their support outside of the state assembly, citing the 2009 Perak crisis.

But they also warned that such a method was fraught with the risk of legal challenge.

Khalid on Monday said the Selangor Sultan had consented to him remaining as mentri besar despite his sacking from PKR, after convincing the ruler that he still enjoyed the backing of most Selangor lawmakers.

But with yesterday’s development, Pakatan Rakyat (PR) now has 30 of the state’s 56 assemblymen backing the PKR president to replace Khalid.

PAS previously held out on declaring its position and is due to make its decision on August 17.