The appointment of Datuk Mohd Khusrin Munawi as the new Selangor State Secretary by the Chief Secretary to the Government Tan Sri Mohd Sidek Hassan on behalf of the Public Service Commission, without consultation with the Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim, violates both the spirit and letter of the Selangor Constitution.
It has been argued that there is no mention in the state constitution that the Mentri Besar must first be informed of the appointment nor that his consent was needed.
This is a flimsy and unacceptable argument, for going by this literal interpretation, Putrajaya should not have involved the Sultan in the appointment of the state secretary as there is equally no mention in the state constitution that the Sultan must first be informed of the appointment nor that any royal consent is needed.
What is pertinent is that constitutional conventions like meaningful consultation with the Mentri Besar and the Sultan on the appointment of the top state civil servant are carried out to uphold the integrity of the state constitution and to fulfill the mandate given by the people of Selangor when they voted for the government of their choice in the last general elections.
Although the Selangor State Constitution is silent on the role of the Mentri Besar on the appointment of the state secretary, just as it is silent on the role of the Sultan on the same matter, the Chief Secretary who has been delegated the constitutional task to make the appointment, should be mindful of the different political coalitions running the Federal and Selangor state governments and the importance of ensuring an appointee who could work as a bridge-builder or at least not seen as inimical to the Selangor state government interests vis-à-vis the Federal government.
This is where the constitutional convention of meaningful consultation with the Mentri Besar on the appointment of the state secretary should have been observed.
The healthy growth of Federal-state relations and parliamentary democracy at both the national and state levels would be greatly harmed if the spirit and letter of the constitution, as in having meaningful consultation with the Mentri Besar on the appointment of the state secretary, could be trampled upon and the state constitution misinterpreted to allow the Federal government to impose the most unpopular officer on the state government – against the manifest wishes and will of the State Executive Council, the majority of the elected Legislative Assembly members and the voters in the state.
Article 55 of the Selangor State Constitution on “Sultan to act on advice” provides that the Sultan shall act in accordance with the advice of the State Executive Council except for specific instances – and the appointment of the state secretary is not one of the exceptional cases where the Sultan may act in his discretion.
Both the spirit and letter of the Selangor Constitution are violated when the Mentri Besar is shut out from any meaningful consultation on the appointment of the state secretary.
Sidek should remedy this violation of the spirit and letter of the state constitution in the appointment of the Selangor state secretary by carrying out a meaningful consultation process with the Mentri Besar on the appointment of the new state secretary and spare the country and people a constitutional crisis.
#1 by HJ Angus on Thursday, 30 December 2010 - 9:48 am
The Chief Secretary to the government should play a non-political role for he/she ensures that the civil service is loyal to the government of the day to carry out the policies that the voters have supported.
Unfortunately like most Malaysian institutions such as the PDRM and the Judiciary, the CS’s role has been compromised by the BN.
Even worse, the sultan’s own position and authority has been sullied by his own advisors and it becomes only a question of time before the position of royalty becomes a big question mark.
#2 by Bigjoe on Thursday, 30 December 2010 - 10:09 am
The way to fight this is to have the state civil service oppose this. The way to do this is go to heads of departments to point out that Selangor govt cannot do its job otherwise, revenue will be lost and their paycheck will be reduced – IF the federal govt pay them more to make up, Selangor govt will cut even more…Do they want to be casualty of Najib’s politics or do they want to get paid more like in Penang?
#3 by sheriff singh on Thursday, 30 December 2010 - 10:54 am
When the announcement was made on Monday December 27, Khalid said that he will seek an audience with the Sultan on Wednesday, December 29.
On that date, he and the public were informed that the Sultan was away till January 3.
Isn’t it strange that the Sultan did not keep his Chief Minister informed that he will be away and unavailable?
Isn’t it strange that Khalid, the Mentri Besar, did not know, was not informed of, the whereabouts and availability / unavailability of the State’s ruler?
Isn’t it only normal that either party should keep the other well informed for the smooth running of the State?
It would appear that there is hardly any communication between the Ruler and his Chief Minister and this cannot be good.
#4 by monsterball on Thursday, 30 December 2010 - 10:56 am
They can twist and turn to win arguments…that are so clearly sickening double standards applied.
In short they are saying they respect the Sultan and go to hell with PR Selangor Govt…and M.Besar Khalid.
That is Najib’s “1Malaysia” to Malaysians.
#5 by sheriff singh on Thursday, 30 December 2010 - 11:12 am
It might be seen as violating the law and conventions but can you do anything about it?
It is still seen as ‘legally done’ and the kangaroos in court will back them all up.
Let us face it. PR was caught on the wrong footing and was checkmated. You are all dealing with scoundrels who play dirty and the earlier you all realise it and act to protect yourselves, the better.
When you have 2/3 majority, you should amend the Constitution to ensure that all loopholes are plugged and you are watertight. Didn’t you all learn anything from your Perak fiasco?
#6 by Jong on Thursday, 30 December 2010 - 11:49 am
The Selangor Sultan may not a former Lord President but would anybody believe the he is ignorant of the law and Selangor Constitution?
Isn’t it odd that the Sultan gave his nod without even consulting his Menteri Besar who is Selangor State No.1 CEO and the people’s elected representative? How difficult is it to pick up the phone to get to MB Khalid Ibrahim?
#7 by Jeffrey on Thursday, 30 December 2010 - 12:07 pm
What is there to talk of “constitutional conventions like meaningful consultation with the S’gor Mentri Besar”? The convention is common sense based: one cannot expect Selangor PR MB to work with a BN appointed state secretary whom he suspects will work against his administration, and therefore practically the MB’s consent should be canvassed.
But here is do or die struggle for power between BN & PR. To expect cooperation between BN Federal & PR state administrations is unrealistic. If constitutional convention were upheld, would the Perak constitutional power grab had happened with the aid of Kataks’ crossovers in the first place???
Its bothways: PR is also hitting back hard BN central govt over the issue of taking back the control of water companies/resources and mooting the raising of the State’s own taxes through Zakat
#8 by limkamput on Thursday, 30 December 2010 - 12:22 pm
The constitution and any written law can’t foresee everything. The engagement and the inter-relationship of various institutions of government must depend on good common sense, fair play and whether or not we are truly a democracy. I think the crux of the problem we face today is that the contest for power has become bitter and pernicious. We discard conventions, basic decency and respect for each other. In this particular case, the disrespect is not just to the MB of Selangor. It is disrespect and a scorn to the people of Selangor who put him there.
Since we are throwing away everything, may I ask whether or not the authorities, duties and the responsibilities of the State Secretary (SS) are legally mandated? Can the State Exco redefine the functions, the authorities and the jurisdiction of the SS. Make him in charge of protocol. Dispense him from attending the Exco meeting and make all senior state officials reporting directly to the respective State Exco. Thinking aloud.
#9 by limkamput on Thursday, 30 December 2010 - 12:40 pm
Water resource was not a federal matter in the first place. It is only right and proper that the state retake the responsibility, more so the federal government has fouled up the deal. Let the process of de-federalisation begin. Let the states hold more responsibility – at least we the people will be able to see more clearly which government is sleeping and which is working. Don’t forget dismantle the federal police force also, break them up and put them under the charge of each state. It make no sense for someone to say that if it is a do and die struggle, there are justifications to dispense with cooperation and good common sense. What about their responsibility and duty to the people.
#10 by k1980 on Thursday, 30 December 2010 - 1:01 pm
The stupid Sudanese did not follow jib’s example to pay RM70 million to APCO and so do not have a “1sudan” slogan. So on Jan 9, the southern sudanese are going to vote to break away from the arab-controlled north.
#11 by Jong on Thursday, 30 December 2010 - 1:07 pm
It all boils down to no milkman seen doing his rounds since March 2008!
#12 by asia on Thursday, 30 December 2010 - 1:51 pm
Actually there is a way for OPPOSITION to fight their 1Malaysia.
What will it be?
Answer is………..
Malaysian1st or Malaysian1
MALAYSIAN1ST or MALAYSIAN1
stated it clearly Malaysian are first it is better their slogan.
#13 by sheriff singh on Thursday, 30 December 2010 - 2:00 pm
It has been reported that the Sultan was seen by the public bowling at a local Mall. If the Sultan is indeed in town and not overseas as his private secretary says, then I am sure he knows the current controversy affecting the administration of his state.
He should then immediately summon his Mentri Besar and sort out this mess. Playing hide-and-seek with his government isn’t helpful for the welfare of his people. The Sultan must rise above politics and be fair to all his subjects.
Is there more that meets the eye? Are the Royal Household officials playing politics? If they are, then they will only tarnish the good name of the Sultan and they should be brought to account.
But if what they are doing has HH’s blessings, then the public can only but form their own impressions.
#14 by k1980 on Thursday, 30 December 2010 - 2:01 pm
More wikileeeks (released by Juliana, Juliann’s sister)
Jeeb: ” How can i take over selangor from pr?”
APCO: “Appoint a new state secretary lah” ( Accompanying bill of RM80 million )
#15 by drngsc on Thursday, 30 December 2010 - 2:18 pm
Appointing the SS without informing the MB is just BAD MANNERS, or as some would say ” kurang ajar”, obviously done to spike the MB. Getting the palace involve is just to bully you and play to the Malay gallery. Constitution or not. It is just plain courtesy and manners. The Chief Sec don’t care whether his appointment will affect the well running of the state. He just wish to please his national political master.
We know, we can see all that.
By the same token, the PKR government should also have been more pro-active and anticipated the situation and take remedial action, not cry foul after the event. What could have been done to avoid a confrontation?
Also remember, PR, what you must do, when you get to Putrajaya.
#16 by perampok cinta1 on Thursday, 30 December 2010 - 3:09 pm
Just a question. Is any kind of law was broken in the appointment of the new Selangor’s ss? If there’s none, then there is nothing wrong with it.
With Pakatan, everything is a problem. Esspecially to things that didn’t go their way.
The guy is a government servant. It’s his duty to serve the public. Bare in mind, his is not a politician. So does Sidek Hassan. He’s a government servant as well.
You see, these people make decision by approval of the governing party. So doesn’t matter which state, SS must do his job accordingly. So let him do his job.
#17 by drngsc on Thursday, 30 December 2010 - 3:49 pm
Dear perompak cinta 1.
I am not sure exactly the law on this. All I know is, we must behave in a civil manner. The spirit of serving the people of Selangor must be there. It is like the elder brother, hiring a maid to work in his younger brother’s house, and not informing or consulting the younger brother. Maybe no law was broken. He can hire who he wishes, but it is just BAD MANNERS. NO COURTESY. or as I said, KURANG AJAR.
#18 by Loh on Thursday, 30 December 2010 - 3:57 pm
///Although the Selangor State Constitution is silent on the role of the Mentri Besar on the appointment of the state secretary, just as it is silent on the role of the Sultan on the same matter, the Chief Secretary who has been delegated the constitutional task to make the appointment, should be mindful of the different political coalitions running the Federal and Selangor state governments and the importance of ensuring an appointee who could work as a bridge-builder or at least not seen as inimical to the Selangor state government interests vis-à-vis the Federal government.///-Kit
Sidek Hassan as KSN is responsible to provide the State Government a person who could serve as the State Secretary. His function is to select the person who can best fit the job. Since Sidek does not oversee the performance of the state secretary who reports to the Mentri Besar, it is elementary management rule of thumb that the SS should be acceptable to his superior officer.
Mohd Khusrin Munawi, the appointee is a grade-C officer while the post of the state secretary is grade A. How often has Sidek made appointment which bypass other senior officers in government services, and why should he adopt such a unconventional procedure in this case? It would appear that it was Najib who wanted Khusrin appointed and not Sidek. Sidek Hassan has lost his sense of neutrality of the government service to politics. And worse he is UMNO representative doubling as KSN.
#19 by Bigjoe on Thursday, 30 December 2010 - 3:58 pm
For Selangorian, Perakians and Malaysian in general, the way to point the issue is
Ini Negara Malaysia ka atau Negara UMNO? Negeri (negara) in awak punya atau Najib and konconya macam Khusrin?
Bagaimana awak nak panggil anak-anak away rajin, belajar, kerja keras dan jujur bila mereka tengok orang yang jahat, mengampu and bodek sahaja yang dapat pangkat dan kaya?
Drag this issue out for as long as possible and Selangor will not go back to BN and Najib is done and so will this Khusrin guy..
#20 by tak tahan on Thursday, 30 December 2010 - 4:05 pm
Just a question. Is any kind of law was broken in the appointment of the new Selangor’s ss? If there’s none, then there is nothing wrong with it. by perampok cinta 1
It’s the ill hidden agenda of certain party to sabotage Selangor government that raise the concerns of many.Doesn’t MB as a state chief has a say or to be consulted regarding the appointment of the Selangor’s ss?After all,MB is the one who foresee and runs the state’s administration.State secretary has to be a reliable and trusted cordinator and not a bloody saboteur to MB.In the end who will bear the most responsibility of the state if it’s not MB?
#21 by monsterball on Thursday, 30 December 2010 - 5:25 pm
A good leader or Sultan is made out of stuffs to be fair to all and want peace in his State..with his wise decisions.
Is Perak peaceful and fairly governed?
#22 by asia on Thursday, 30 December 2010 - 6:08 pm
the appointee is a grade-C officer while the post of the state secretary is grade A.
Suddenly the appointee jump over to grade A.
Maybe MACC interest check on these immediately.
#23 by dagen on Thursday, 30 December 2010 - 6:22 pm
Jib is known for saying precisely the opposite of what he actually intends. No petrol price hike. Such like things. 1malaysia. By that he meant 1umno. When he said the time for “government knows best is gone” months ago, he actually meant then that umno is unquestionable and will continue to be so. So here, his actions tell us clearly that umno need not consult anyone. So stand aside selangor government. You views are not needed and not important.
#24 by ENDANGERED HORNBILL on Thursday, 30 December 2010 - 6:25 pm
What spirit and what letter?
All I can think of now is the Chief Secretary is guided by evil spirits!
#25 by negarawan on Thursday, 30 December 2010 - 6:54 pm
It’s well known that NR is not a gentleman. Why, even Rosie knows that. Those who have been in cahoots with him in undemocratically toppling the Perak PR government, and now the same attempt to topple the Selangor PR government against the will of the people of both states, are merely political prostitutes.
NR is just as fake as his 1Malaysia sloganeering. Getting the church authorities to remove all religious articles before he attended a Christmas party is just way overboard. Worse still, why did the Church authorities allow this to happen in the first place, to sacrifice their principles for the sake of NR? They did not have to invite him!
1StupidMalaysia. UMNO first. Corruption now.
#26 by waterfrontcoolie on Thursday, 30 December 2010 - 7:46 pm
Can’t the State Gomen run the administration by getting the State Secretary just sitting in his office with absolutely no decisive power?? Just allow him to get his pay, appoint an Assistant to him but with executive power endorsed by the State Executive ADUN?
#27 by tak tahan on Thursday, 30 December 2010 - 8:03 pm
Monitor him closely,make him answerable in every aspect of duties to relevant authorities,create unnecessary pressures on him,find his faults and lastly sack him for good.Find new replacement.Could it be possible?Not sure though.
#28 by Loh on Thursday, 30 December 2010 - 8:07 pm
The problem is other state civil servants will follow his order despite the action taken to remove his duties and authority.
#29 by monsterball on Friday, 31 December 2010 - 12:26 am
Every dubious and evil plans by Najib are exposed.
This appointment to plan trouble for Selangor Govt. is known to Khalid and PR.
Those great minds will know what to do.
Najib is like a lousy poor boxer.. trying to win by hitting under the belt…with the referee eyes closed.
But PR guys are tough fellas.They are s used to be on the loosing sides without loosing at all…and now winning Selangor…Najib’s ideas will not work…..like in the past and now.
And his RM77 million paid to APCO to help him win 13th GE with Jewish brains ideas will also not work.
For the Muslims..they need to have thoughts for their poor helpless Palestinians…is enough to know who Najib is by now.
#30 by raven77 on Friday, 31 December 2010 - 1:58 am
If Sidek/Najib are looking for a fight…the PR should just give them one….
#31 by Taxidriver on Friday, 31 December 2010 - 4:49 am
Maybe dissolving the Selangor State Assembly now and go back to the Selangorians is not really a bad idea. The advantage is that if PR is returned with a stronger mandate, it will send a clear signal to Najib/UMNOB that Selangorians and the Malaysian people at large are against Najib’s use of undemocratic, unethticl and unconstitutional means to overthrow a democratically elected government. This will put a stop to all the nonsense he has been doing. The sultan too will get his subjects message.
If UMNOB wins, there is nothing to regret as it means the state will fall to them in the 13th GE anyhow. But if it is the reverse, it will have a great ”multiplier” effect. It will make PR’s road to Putrajaya more sure!
With Federal and money power and the msm on his side, Najib is gaining the upper ground inch by inch. Rather than fearing losing and waiting to be ‘slaughtered’, why not fight it out when the present situation favours PR? And, what more, this could well be the Mother of all elections for Malaysians; the battle for Putrajaya.
A risk worth taking?
#32 by danieltkb on Friday, 31 December 2010 - 10:46 am
one word:
get ready NO more play play !
#33 by monsterball on Friday, 31 December 2010 - 11:02 am
“raven 77″…I admire your courage but there is no need to have a physical fights with Sidek/Najib.
They can keep threatening…provoking and insulting…but it will be non violence with disobedience to win by votes.
Presuming the 13th GE result still give UMNO B the mandate to govern….then learn from the defeat of Prophet Mohammad and won the hearts of the people..defeating the devils with loving kindness to enemies as well.
Yes Gandhi showed it. Prophet Mohammad showed it. Let do it.
#34 by drngsc on Friday, 31 December 2010 - 1:01 pm
Is there any truth in the SUN’s headlines today, that the Palace has send out invitation for the swearing in of the SS? Is it true?
If it is true, Can the MB refuse to go witness the swearing in?
These are interesting times.
Why does the Palace want to be involved? Are we having a monarchy?
#35 by Loh on Friday, 31 December 2010 - 10:55 pm
When Chaochao of the THREE kINGDOM FAME was the Prime Minister he treated the emperor like the constitutional monarch. Now the constitutional rulers are in place constitutionally with the provision that their personal conducts are liable for persecution at the special court.
The last emperor of Han had to abdicate in favour of ChaoPhi, the son of Chaochao. He said before he committed suicide that let him not return as the child of royalty. Of course modern days constitutional monarchs are more lucky in some ways but less so in others. Some have lost the right to righteousness; pitiful isn’t it.
#36 by raven77 on Saturday, 1 January 2011 - 11:46 pm
The PR should just call the BN’s bluff…and call for elections…
Kavita Kaur can campaign for the BN on behalf of the Sultan…
#37 by House Victim on Sunday, 2 January 2011 - 4:57 am
1).The State Secretary is not mentioned Under the Constitution,
Therefore, the Federal has NO Rights to Appoint.
2). From the Organisation Chart of Selangor Government
The State Secretary is under the Sultan, Exco and CM
and it is the “heart” of the State administration.
3) People MUST be CLEAR that the EXCO is the head of the State and not the CM!!
The State Secretary should be selected by at least the EXCO (with opinions from PK parties) and the CM to be “endorsed” by the Sultan.
————————————–
From the case of Subang Jaya Town Park,
Khalid has already ignored EXCO and he acts the BN ways in manipulating procedures and ignoring laws. So, the “brain” of the PK government is no less than BN! With the Secretary from BN, the change of the “heart” of the Administration, Selangor is practically gone with the name of PR on but in reality BN at work!!
Are the 3 parties in PR sleeping? Or, the EXCO sleeping?
The Selcat and Free-Information are nothing but smoke!!
Why Khalid does his utmost in pushing an illegal and invalid “stolen” property for acquistion? He and his other Departments JPBD, Appeal Boading silent and Land Title Department even refused to act mandatory of entering a claim in the Registry of Title when all the fact leading to illegal and invalid title is prima facie?
Why don’t DAP. PAS, PKR intervene?At least via, their members in the EXCO or in Subang Jaya?
#38 by boh-liao on Sunday, 2 January 2011 - 7:26 am
Dis is d reason Y PR must win at both FEDERAL n STATE level general elections