The Chief Secretary, Tan Sri Sidek Hassan should defuse the Selangor constitutional crisis by suspending Datuk Mohd Khusrin Munawi’s appointment as State Secretary and consulting the Selangor Mentri Besar Tan Sri Khalid Ibrahim on the most ideal appointee to be the top Selangor civil servant or Prime Minister Datuk Seri Najib Razak’s slogan of an inclusive 1Malaysia government would suffer another irreparable blow.
Najib’s 1Malaysia concept proclaimed as its goal “to make Malaysia more vibrant, more productive and more competitive” by fully embracing “our diversity of ethnicity, religions and beliefs and, by being inclusive, build mutual respect and acceptance into a solid foundation of trust and cohesiveness”.
The 1Malaysia Government Transformation Programme Roadmap made public a year ago had identified seven areas to achieve the ideals of 1Malaysia, with the ultimate goal specifically spelt out as to create a Malaysian nation where “every Malaysian perceives himself or herself as Malaysian first, and by race, religion, geographical region or socio-economic background second and where the principles of 1Malaysia are woven into the economic, political and social fabric of society”.
The seven areas are:
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The economy and national unity under 1Malaysia
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Education and national unity under 1Malaysia
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Promoting 1Malaysia social interactions
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Managing religious and cultural polarities
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Towards a truly 1Malaysia government
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Promoting and practising all-inclusive 1Malaysia politics.
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Promoting an all-inclusive 1Malaysia media.
A strong case can be made out that apart from massive propagation of the 1Malaysia logo in the past year, the 1Malaysia concept has suffered even greater setbacks rather make greater inroads in all the seven areas concerned.
The constitutional crisis over the appointment of the Selangor State Secretary without consulting the Selangor Mentri Besar underlines the fact that the Chief Secretary and the Federal Government are not prepared to set the example of being fully committed to a “truly 1Malaysia government” which fully embraces inclusiveness in a federal-state relationship involving different political coalitions running the Federal and state governments.
If the 1Malaysia concept of inclusiveness, to build and promote mutual respect and acceptance among Malaysians regardless of ethnicity, religion or beliefs (which must include political beliefs) is the guiding national spirit under the Najib premiership, the Chief Secretary would be even more mindful that he should consult with the Selangor Mentri Besar on the appointment of the Selangor State Secretary so as to strengthen trust and cohesiveness in Federal-state relations instead of inviting the opposite consequences.
A full-blown Selangor constitutional crisis over the appointment of the Selangor State Secretary would be proof that Najib’s 1Malaysia concept is an empty slogan – reason why the Selangor constitutional crisis should be defused immediately with the Chief Secretary suspending Kushrin’s appointment and fully consulting the Selangor Mentri Besar on the ideal appointee for the post.
#1 by dagen on Tuesday, 4 January 2011 - 1:55 pm
The umno gobermen knows what is best for the people of selangor.
So just shut up everyone.
On the other hand maybe just let jib have his 100-storey tower-power-toy. Then perhaps he would behave better towards us.
… dagen … dreaming … again.
#2 by Godfather on Tuesday, 4 January 2011 - 2:01 pm
Suspend the appointment ? What dope are you smoking, Kit ? You think that the next candidate will not be a pro-UMNO person ? Dream on. If indeed you have the numbers, change the state constitution to make it clear that the choice of state secretary has to be accepted by both the MB and the Sultan.
#3 by boh-liao on Tuesday, 4 January 2011 - 2:40 pm
NR’s 1M’sia is d means 2 1Selangor, ie, NR n UmnoB WANT Selangor badly
#4 by yhsiew on Tuesday, 4 January 2011 - 2:41 pm
Yeah, Najib’s big talk of 1Malaysia will not hold water if Tan Sri Sidek Hassan does not suspend Datuk Mohd Khusrin Munawi’s appointment as State Secretary and consult the Selangor Mentri Besar Tan Sri Khalid Ibrahim on the most ideal appointee to be the top Selangor civil.
#5 by sheriff singh on Tuesday, 4 January 2011 - 3:40 pm
The proposed amendments to the Selangor Constitution should be carefully worded such that to vote against its passing would be seen as showing disloyalty to the Sultan and the State. BN Assemblymen would be put in a bind. They will probably be absent or abstain during the vote.
While doing so, the amendments should clearly list out and state clearly the duties, roles and functions of the Sultan and the Palace, the MB and his Exco, the Civil Service, their relationships with each other as well as with the Federal government.
The powers of the Speaker, his Deputy and the State Assembly should be clarified once and for all. Further, provide for anti-hopping where frogs would lose their seats automatically and fresh elections called.
Also deal with issues such as lands and natural resources, religion as well as any other issues that needs to be put right or clarified.
The State should ensure and enforce its rights as a state within the Federation.
Let Selangor state lead the way for other states to emulate to ensure their rights within the Federation.
Sabah and Sarawak should pay close attention as their 20 and 18 points Agreements have been eroded by past and present BN administrations.
#6 by ENDANGERED HORNBILL on Tuesday, 4 January 2011 - 3:42 pm
Malaysia is full of rapists.
We had a constitutional rape in Perak.
We have an administrative rape in Selangor.
There is also the rumour of a Ministerial rape of an Indonesian maid.
OK, the funny thing is rapists have a history of getting away scot-free!
Years ago, Penang Chief Minister Lim Guan Eng challenged some other Chief Minstrel over his rape of an underaged girl, was it not?
And then Lim Guan Eng went to jail for championing the rights of the rapist….oh, oh…oh!
When will the real rapists get castigated, castrated or incarcerated in Malaysia, ah?
#7 by DAP man on Tuesday, 4 January 2011 - 4:12 pm
Tunku Aziz had written several times that EVERY single institution has been compromised. I am sure the Civil Service is no exception. The Chief Secretary acts on the beck and call of UMNO. He is a defacto UMNO loyalist.
Tell me, which senior Civil Servant or the AG or the CJ or the MACC boss or the EC chairman or the IGP or the COA judges have integrity.
These men will sell their souls for the perks of office.
#8 by k1980 on Tuesday, 4 January 2011 - 4:14 pm
1malaysia is the abbreviation for “malaysia perpetually under umno rule”. Even kiddies can see through that trick.
#9 by pulau_sibu on Tuesday, 4 January 2011 - 4:16 pm
what a great news, the muslims talked about PAS back to UMNO during Christmas Eve
#10 by Bigjoe on Tuesday, 4 January 2011 - 4:30 pm
Najib’s slogan vs his desperation? Which one would win? Do people really believe Najib is such an idiot that he does not know he is destroying governance with what he is doing? The man is desperate and doing desperate things and this country can go to hell for all he cares so long as he can stay in power and avoid prosecution for his misdeeds.
The man is a cheater – he is likely to have cheated in school, cheated in his climb up the UMNO politics and continues to cheat. Once a cheater, always a cheater…
#11 by k1980 on Tuesday, 4 January 2011 - 4:52 pm
The rape victim appealed not to be named—
“That minister has a lot of wealth and influence in Indonesia. I fear that something would happen to my family and my sister such as that which happened to Altantuya in Malaysia.”
http://malaysiakini.com/news/152317
#12 by Bigjoe on Tuesday, 4 January 2011 - 5:10 pm
Now I get it, PR is turning the issue into about UMNO/BN against the Sultan by trying to pass the amendment. Even if they can’t pass, it will be fodder that UMNO/BN penderhaka to Sultan..
#13 by cintanegara on Tuesday, 4 January 2011 - 6:16 pm
Just wondering…what would DAP’s reaction be if Khusrin is a non Malay? Just keep silent? Give him a chance la…at least his appointment is based on merit..not because of his dad is ‘somebody’ in the party/government…maybe he can perform better than the CM of another state….
#14 by Jeffrey on Tuesday, 4 January 2011 - 6:46 pm
PR Selangor’ assembly’s proposed amendment of the state constitution is probemetic for the following reasons:
First, this proposed amendment is expected to take effect not from now but from an earlier date (ie from Jan 1, 2011) in order just to frustrate appointment of Khusin later than that date. It is then a piece of retrospective law having backward effect.
A retrospective law is generally regarded as contrary to the Rule of Law, the reason being it takes away or impairs a vested right acquired under existing law before the retrospective amendment.
The whole idea of Selangor ex co’s proposed amendment is to take away, negate and nullify Sidek’ appointment of Khusin.
This is wrong course. Instead of taking the position that Sidek was wrong under Existing Law to appoint Khusin without consulting MB Khalid, the S’gor is now embarked on a journey to retrospectively nullify Sidek’s appointment of Khusin in the process of which implying and suggesting that Sidek has the right under Existing Law to appoint Khusin without consultation of S’gor MB. Which is which, if I may ask of S’gor’s position – does Sidek have a right to appoint Khusin without consulting S’gor MB under existing law??? One can’t have the cake and also eat it.
No one questions PR S’gor’s majority mandate to amend the state constitution in the sense that such amendments take effect prospectively from the date of amendments onwards instead of retrospectively backwards to Jan 1, 2011 in order just to defeat an appointment (of Khusin) that arguably may be valid under the existing State Constitution. If its not valid by existing State Constitution why need the retrospective amendment???
Just the other day Kit was talking of the need to uphold the Rule of Law. It is the building block of civilized society. Natural Justice is part of Rule of Law : that is why depriving Anwar the opportunity to be heard and to defend himself is pernicious to the upholding of Rule of Law.
Now equally making retrospective laws on PR Selangor assembly’s part of the nature proposed is contrary to the Rule of Law because it is invalidating backwards and retrospectively making a party suffer for an act which was NOT unlawful when the party (never mind this happens to be BN’s Sidek or Khusin) first did it ie make the appointment!
Retrospective legislation destroys the certainty of law, is arbitrary and is partisan (being invariably directed against identifiable persons or groups, in this case the BN, no doubt promotive of PR’s specific agenda). For this reason, retrospective laws are justified only on the basis that they are a necessary evil in exceptional specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants, or in case of emergency or wars. Partisan political arm wrestling between Federal & State Govt does not fall under such an exception.
#15 by Jeffrey on Tuesday, 4 January 2011 - 6:48 pm
Continuing: This is then the question : Should PR Selangor pursue its political interest to the extent based not on existing laws or amended laws applying forward and prospectively but on retrospective laws undermining the very Rule of Law that it claims it upholds???
Firstly it is a matter of uncertainty whether Pakatan Rakyat, which holds 35 of the 56 Selangor assembly seats (three seats shy of commanding that 2/3 majority) could amend the State Constitution.
Secondly even if by some miracle they could have the 2/3 to amend will the Courts of this country likely to uphold Khalid’s retrospective amendments if BN challenges it for being contrary to Rule of Law???
Thirdly, what happens if the BN, citing Selagor/Khalid’s intentions, quid pro quo based on what is sauce for the goose is sauce for the gander, itself starts using their majority in every other state controlled by it to make all kinds of retrospective laws contrary to Rule of Law to undercut PR’s position???
Remember Anwar claimed to be able to take over Federal Govt on Sept 16th – he couldn’t do that and what happens ? BN instead got the idea, jumped the boat aided by crossovers took over Perak State Govt. Anwar does not have the moral cause to condemn since it was he who first proposed such a manner of taking over government.
Likewise the Selangor chaps can now bark about retrospective amendment, which firstly they might now be able to do without 2/3 majority, and secondly if they could, our Courts will likely strike down these amendments as illegal or unconstitutional. This in turn will give BN the inspiration to do exactly the same in the other states where it has majority: what can PR object about violation of Rule of Law when it was PR Selangor State Govt that first proposed it??? PR would lose the entire moral cause of justified indignation since the idea came from it! Execept when PR takes the matter to courts, they might rule against PR as what happened in the case of PR’s challenges to Zambry’s appointment as MB Perak.
In the struggle do not miss the woods for the trees.
To moderator : please delete my very first posting (under moderation)
#16 by Godfather on Tuesday, 4 January 2011 - 7:01 pm
The idiot cintanegara who is squatting under his rambutan tree watching the world go by is now wondering what DAP’s reaction would have been had Khusrin been a non Malay. He never bothered to wonder why all these plump jobs are “reserved” for Malays.
Like he says, give them another chance to steal.
#17 by Loh on Tuesday, 4 January 2011 - 7:13 pm
///The Chief Secretary, Tan Sri Sidek Hassan should defuse the Selangor constitutional crisis by suspending Datuk Mohd Khusrin Munawi’s appointment as State Secretary and consulting the Selangor Mentri Besar Tan Sri Khalid Ibrahim on the most ideal appointee to be the top Selangor civil servant or Prime Minister Datuk Seri Najib Razak’s slogan of an inclusive 1Malaysia government would suffer another irreparable blow.///–Kit
KSN Sidek Hassan himself does not seem to act professionally to make civil service independent of the political party. Having spent his life working in management, he could not have missed the point that for the persons to perform efficiently, he should have a cordial working relationship with his supervisor. The Selangor state government has taken action to select a person from a few candidates. What is the problem to Sidek Hassan if the person the state has selected is not Khusrin? Why should Sidek Hassan insist that Khusrin hold the position of State Secretary for Selangor when the administration of the state government could affect how voters view the government? There cannot be authority without responsibility, and Sidek Hassan wanted only the authority to appoint Khusrin without taking the responsibility when Khusrin fails the people of the state. Khusrin does not report to Sidek Hassan on his service in Selangor, and so Sidek Hassan should not have the final say on the appointment of the Selangor State Secretary. Obviously, Sidek Hassan serves during the pleasure of Najib, so too the State Secretary of Selangor serves during the pleasure of the elected Mentri Besar. If Sidek Hassan does not understand this elementary logic he would not be fit to be a civil servant, let alone a KSN. So Sidek Hassan did it not out of ignorance, but out of duress on order from Najib. Najib has made the civil service an extension of UMNO. He now utilized civil servants who are UMNO agents to sabotage the state government by making the outcome of government programmes contrary to the state policies. NEP made civil servants more like the monopoly of Malays rather than the state policies of not linking civil service to race, the Malay.
One wonders why Sidek Hassan is willing to stake his reputation to make the appointment which reflects badly on his professionalism. Has Sidek Hassan collected skeletons?
#18 by Loh on Tuesday, 4 January 2011 - 7:17 pm
He is a head of the Islamic religious department, and only a c-grade officer. He can’t be a non-Malay, and so the question does not arise.
#19 by Jeffrey on Tuesday, 4 January 2011 - 10:13 pm
This is what our Constitutional lawyer Tommy Thomas says – that whilst its uncertain due to “ambiguous language” whether the proper appointing authority of the state secretary should be Federal’s PSC/Sidek or Selangor State Commission, even if it were the first case of PSC, it should effect the appointment in consultation with Selangor MB, and not just “unconstitutionally” “thrust” or “impose” a state secretary unto an unwilling MB. Hence he advised PSC to discuss & resolve deadlock with Selangor government : see TheMalaysianInsider’s report of 4th Jan by Debra Chong in this link –
http://www.themalaysianinsider.com/malaysia/article/PSC-can-end-selangor-stalemate-by-talking-to-mb-says-lawyer/
As the position under Existing Law is quite untenable for PSC to force Selangor to accept Khusin’s appointment as state secretary especially when existing law by way of article 52(4) of the Selangor state constitution requires MB’s presence as witness to the state secretary’s oath, which Khalid does not have to grace, then it would be an overkill, with uncertain ramifications, implications and consequences, if Selangor State Assembly led by Khalid and Selangor speaker Teng Chang Khim were to pursue the other course of amending retrospectively the Selangor state constitution as reported by Malaysiakini’s Aidila Razak, Jan 4th.
Selangor’s later course, if taken, sets, in my opinion, a dangerous precedent of flirting with restropective laws in promotion of its partisan political interest contrary to the Rule of Law.
PR makes a serious mistake if it does that.
#20 by monsterball on Tuesday, 4 January 2011 - 11:01 pm
Oil is up again tomorrow by 10 sen.
It have been up and up 4 times with few months…yet this cintanegara still want to talk nonsense…supporting Najib.
I guess he cycles or take a bus to work…so that increase does not bother him.
#21 by monsterball on Tuesday, 4 January 2011 - 11:08 pm
cintanegara keep accusing DAP as a racist party..ignoring DAP have all Malaysians as members and the President is Karpal Singh.
He is trying o say..UMNO is racist party..DAP is racist party..so why be so unfair?
It is really innocent or a duffer?
#22 by HJ Angus on Tuesday, 4 January 2011 - 11:19 pm
having a retrospective law is bad in principle.
Surely lawmakers can find a way to include clauses on how an incompetent official can be managed out?
#23 by Loh on Tuesday, 4 January 2011 - 11:32 pm
One would expect the ruler of a state would want to see his territory developed and well administered. Thus when the ruler has the opportunity to do good for the country such as when he is consulted on the appointment of a state secretary to the state, one would expect him to refer to the persons who are able to make informed judgement. This did not happen when a state religious chief who was known to be at odd with the state government had a double promotion to be placed at a position where he could do more harm to the state. Do rulers in the country have preference of UMNO to other political parties. With that sentiment can they be said to be above politics?
#24 by HJ Angus on Tuesday, 4 January 2011 - 11:56 pm
once anyone who is human becomes beholden to another because of privileged contracts etc, that person can never be impartial.
The Bankrupsi Negara regime has corrupted everything that was good in Malaysia and it is up to the voters to start rebuilding a new nation.
Will 2011 see the dawn of a new era for 1Malaysia? And I don’t mean the NR brand.
#25 by tak tahan on Tuesday, 4 January 2011 - 11:57 pm
Hai monsterball,
cintanegara is definitely a duffer.A product of nep who only rely on rambutan fruit and tongkat is no doubt a handicap and retarded one.How do you expect him to understand beyond his mental state when one is fed from worm to tomb.It’s like telling a spoiled and incorrigeble child to grow up and behave.Let him answer himself to his allah when the day come.Let us pray he’ll get lesser harsh punishment by then like sodomise by desperate satans and polishising their balls.After all he is also malaysian right?
#26 by tak tahan on Wednesday, 5 January 2011 - 12:15 am
[deleted]
#27 by monsterball on Wednesday, 5 January 2011 - 12:15 am
Khalid have shown his respect to the Sultan by visiting him and brief his his intentions.
By right…the Sultan can only approve.
(deleted)
I am so glad…Khalid..will do what he needs to do…with no fear for the people…by the people and with the people..
#28 by monsterball on Wednesday, 5 January 2011 - 12:24 am
hahahahahaha…”tak tahan”…I cannot tahan your great joke la on cintanegara…but this have be said by you umpteen times…yet he never change.
Poor fella. In a way…I like him…yet hate his racists nonsensical comments.
yea…”tak tahan”..lets hope he change for the better and put an “X” to vote for change in Govt. to first and foremost..save himself.
#29 by dawsheng on Wednesday, 5 January 2011 - 1:29 am
Judging by the twist and turn of this episode the conclusions are;
1. The ruler’s council only recognized UMNO as partner.
2. There won’t be a GE until Selangor fall back to BN.
3. The state of emergency will be declared on the premise that Ketuanan Rakyat intend to turn Malaysia into a republic.
4. Pakatan Rakyat leaders will be arrested under the ISA.
#30 by Taxidriver on Wednesday, 5 January 2011 - 1:41 am
cintanegara,
There is a lot of rubbish in your head.
#31 by dawsheng on Wednesday, 5 January 2011 - 1:43 am
I propose MB Khalid release the names and credentials of his state secretary candidates. Attend the swearing ceremony at the palace and let Selangor fall in style.
#32 by drago2008 on Wednesday, 5 January 2011 - 1:46 am
Don’t bank on Sidek Hassan to back down on his appointment of that religious bigot. Now it’s up to Khalid to fight the good fight and let us hope for the best.
#33 by monsterball on Wednesday, 5 January 2011 - 1:59 am
dawsheng….why can’t Khalid chooses the people he can work with?
Why do you accuse him to be the one failing Selangor citizens?
All UMNO B need to do is leave Selangor alone and respect the votes wishes….and let Khalid do what he wants……and let him dig his own grave…if he fails.
Voters will know…no need UMNO B to keep interfering…. succeeded in Perak…and now inspired to do same in Selangor and Penang?
Come on….Khalid is not wrong to insist what UMNO B can do….so can he… when he was elected to governs Selangor State.
What is wrong with that?
#34 by Loh on Wednesday, 5 January 2011 - 2:02 am
///As the chief executive of the Selangor state government the Sultan gave his blessings to one of the candidates The PSD had after that agreed to the Sultan’s choice of candidate through a letter issued by the Public Services Department following Article 52 1 and 2 a of the state constitution. This is a convention a normal practice in Selangor ” Mohamad Munir said in a statement today.///–Malaysia Insider-http://www.themalaysianinsider.com/malaysia/article/palace-refutes-mb-maintains-sultan-has-executive-powers/
With the executive power, the Sultan would be President. But he is not elected in a democracy, and is term of office is life. Is he a constitutional monarch or is he elected? Constitutional monarch has no executive power!
The private secretary to the Sultan has an entirely contradictory version of what happened to this episode from that of MB Khalid. We certainly trust Khalid especially when the Sultan does not speak to the press and his Private secretary seems to be able to say whatever he pleases.
As MB Khalid had conveyed the comment the Sultan considered, rightly, that he had neither the right to accept nor reject the candidate presented, he could not have been involved in the selection. Was the PS appointed by the PSC without prior consent by the Sultan.
#35 by dawsheng on Wednesday, 5 January 2011 - 3:15 am
Those who want to see PR topple BN in GE13 must start to think with their brain. If history is any indication, suffice to say we are not dealing with reasonable but ruthless political opponents. What PR wants is a general election, what Najib and UMNO want is to crush PR first then only they can win the general election, at least that is what they think. Why go on a head on collision when you know the one suffer the severe injuries is yourself?
#36 by monsterball on Wednesday, 5 January 2011 - 3:39 am
dawsheng..that was exactly what PR did…avoided head to head collision with BN..but there is a limit to everything and if PR keep being quiet…voters may thing PR is what BN accused them of.
PR is riding high with confidence and trust from voters…and that is a fact.
Look how the Parliament has become. You can also say…the smartness of PR politicians gave no choice to the Mr.Speaker.
Whatever PR politicians chooses to do…we need to back them up exactly like their pro BN supporters….to balance things up.
It is a gamble…well taken by PR to go head on collision…as Najib has declared he will defend PutraJaya it his life…and so even PR avoid collision with BN…Najib have already planned what to do.
I think he has lost the respect of vast majority policemen and same in the Military and Navy..including judges.
All he has are few top guys as Commanders and we have seen Commanders being disobeyed if their commands are unfair and unjust to the very people they sworn to protect.
So take it easy…relax and prepare to die like Najib …defending the country.
Chances are…it is a nightmare that will never come true.
Bullies like to threatened .and we must stand tall to unite and fight them with words of wisdom with no fear.
It’s only words spoken and written by all…in respond to threats to Malaysians.
Don’t worry…..no head on collision as you imagine.
It will be head on collision in the ballot boxes for sure…and our numbers are much much more than Najib’s.
Let him try to declare Emergency Rule by arresting all top Oppositions leaders and see what happen.
I will give you a hint…..UNIVERSITY…..will come to the rescue.
#37 by monsterball on Wednesday, 5 January 2011 - 4:15 am
Who is actually running the country…Mahathir.
Najib may try luck to apply his tactics…like getting APCO to advise ..but overall…Mahathir is what all those less smarter UMNO B depend on to save them from jail sentences.
And who does Mahathir fear most…University students…WHY?
Because these well educated Malaysians can think and know what’s going on….and so Mahathir said students must not be active in politics.
University students…that are above adult ages and some are already qualified voters cannot take part in politics?
Yes Mahathir fear most….U students.
Will Najib dare to take the risk to apply ISA again?
He talk alot but have no balls.
Don’t worry…be happy…hahahahaha.
And I will be most proud to walk all my talks to protect you…dawsheng.
#38 by Bigjoe on Wednesday, 5 January 2011 - 6:13 am
Khalid is looking like he is coming out looking both like Hang Tuah and Hang Jebat in one – the very Malay ideal of Palawan. This is precisely how Najib screws up – he has over reached his abilities.
If Khalid wins this fight, Najib head will roll very quickly. The worst is PR loses the battle in a prolong fight and Najib clearly can’t go for election now in first half of this year with the issue still burning. He is out of time because more will go wrong later in the year and UMNO/BN will still ask for his head. The jigs is up for Najib.
#39 by Jeffrey on Wednesday, 5 January 2011 - 6:54 am
Based on reports of Malaysiakini & TheMalaysianInsider on what the private secretary of HRH the Sultan of Selangor said ie that:-
• his Royal Highness the Sultan Selangor as “the chief executive of the Selangor State Government” held the executive power, and therefore had the right to decide on Khusrin Munawi (“Khusrin”)’s appointment; and accordingly
• indicated his choice of or “gave his blessings to one of the candidates” subsequently agreed upon by the Federal Public Service Commission through a letter issued by the Department of Public Service and appointed according to Section (1) and 2(a) of Article 52 of the Undang-Undang Tubuh Kerajaan Selangor 1959 (state constitution)”, and
• the Ruler had (earlier) instructed Khalid to discuss with the Federal Public Service Commission and the State Department of Public Service about the state secretary’s candidate selection before it was finalized and Khalid “shouldn’t discuss the matter AFTER the candidate had been given the sultan’s blessings and the post filled,”
it therefore means and implies that:-
1. Khalid has misrepresented/skewed what transpired in his audience with the Ruler by earlier saying to the press that HRH Sultan has acknowledged the fact that he has no power in accepting or rejecting any appointments made by the Public Service Commission;
2. Kit’s appeal to the Chief Secretary, Sidek Hassan, in the name of 1 Malaysia to defuse the Selangor constitutional crisis by reversing appointment of Khusrin is misdirected (since it wasn’t a decision for Sidek Hassan to make ultimately); and of course;
3. my previous thinking that I knew something of how our system of Constitutional Monarchy works is shallow and far from satisfactory, and that I ought to rescind and take back whatever I earlier commented in this Blog on the constitutionality of Khusrin’s appointment with the only consolation being that Tommy Thomas, touted as “constitutional lawyer” by TheMalaysianInsider in its report of 4th Jan under the caption of “PSC can end Selangor stalemate by talking to MB, says lawyer” appears to be equally misdirected and wrong in his views.
#40 by dagen on Wednesday, 5 January 2011 - 8:43 am
Finally the truth is out. The true meaning of 1malaysia is “satu olang cakap semua olang ikut.”
#41 by k1980 on Wednesday, 5 January 2011 - 9:21 am
1malaysia = “satu olang fart, semua olang hidu.”
So that is why he wants a break of politics…..
The Consultant B being paid USD500,000 was wunderboy Khairi Jamaludin
http://anotherbrickinwall.blogspot.com/2011/01/no-to-study-leave-to-escape-prosecution.html
#42 by DAP man on Wednesday, 5 January 2011 - 9:29 am
“One would expect the ruler of a state would want to see his territory developed and well administered. ” Loh
Can he then risk annoying UMNO? Little wonder every palace is aligned with UMNO.
#43 by dagen on Wednesday, 5 January 2011 - 12:47 pm
Dear The Rambutan Tree Owner,
If the appointed state secretary was a non-malay, perkasa and umnoputras would protest and object and kick a few cow heads and burn a few more churches. Ibrahim bin perkasa, as expected, would again display the horid raised veins around his neck.
And if that umno appointed non-malay state secretary is, in pakatan’s view, not suitable for the job, he would be rejected all the same. No protest is necessary if the rejection was accepted. No protest is needed if pakatan was consulted in the first place.
And can you sit properly cintanegara? I think your rambutans are showing. It is not a nice view. Dont try a britney here ok.
#44 by k1980 on Wednesday, 5 January 2011 - 1:06 pm
//I think your rambutans are showing//
You omitted to mention his rambutans’ color. They are dark brown, unlike the usual varieties which are dark red. And I think they taste like rotten fish and smell to high heaven.
#45 by dawsheng on Wednesday, 5 January 2011 - 1:33 pm
We have come to a point where interpretation of words in our written constitution are subjected to change on a daily basis in favour of political expediency, subsequent arguments on whether the federal government or opposing state government is right or wrong became complicated with the involvement of Sultans, who possessed extraordinary powers simply by anticipating or ignoring, knowing that whatever the decisions they made are not liable to accountability, to say the least.
Views also differ from the so called experts as they too struggle with interpretations of words in our laws. What made it worst is the unwillingness to come to conclusion and back it up with convictions, so opinions are available freely as any rubbish good only to confuse man on the street, and the presstitude gladly published those half-baked opinions.
Then you have the supporters, whom in my view are the most naive. They follow blindly whatever that was preached to them. The stupidest among all is the one who believe that constitutional monarchy means the Sultans must be above politics, how can that be I do not know, perhaps someone can enlighten me. Whenever PR got bullied, they flipped the pages of the book and cry foul looking for the referee. Sad but true, not many people can understand the laws of the jungle.
#46 by monsterball on Wednesday, 5 January 2011 - 2:13 pm
dawsheng….Sultans are supposed to be closet to Allah…in the form of a human being…and Allah does not take sides in politics.
China Emperors have always been revered as living God….and so were Egyptian….Pharaohs.
Modern times….Queen Elizabeth is the best example she does not takes sides in politics and the greatest of all living Royalties is undoubtedly…the King Of Thailand.
Yes…according to customs and responsibilities of any Royalty in the world….they must not take sides in politics.
They should support the wishes of his/her subjects elected government…and in Selangor…PR governs.
Although UMNO B is the Fed. Govt…a fair minded Sultan of Selangor will focus on Selangor and his subjects….and therefore he should support whatever Khalid proposes to do…and not opposed it.
It is not a written law…that Sultans must not participate in politics…..but It is a noble and wise Sultan to know when or when not to “interfere” in politics…for the benefits of his subjects.
Right now…all Sultans can see race and religion politics are played by UMNO B…and getting dirtier and dirtier.
Surely at this time..Sultans should support a democratic Malaysia and unity for all as Malaysians..thus should actually oppose BN ..or keep quiet..if they wish to stay neutral.
But few have exposed themselves as racists Sultans and that becomes an obstructions towards PR objectives and agendas representing the voters faithfully.
What is there to understand the laws of the jungle…dawsheng?
Are you supporting it…or are you saying the might of the jungle laws applied by Najib must be obeyed to avoid trouble…….because they hold all the aces?
Please do not hint. Say it clearly and directly so that stupid one like me can understand ….what are you up to.
Do not quote this or that Constitution when all are broken…amended and re-amended by our dictatorial corrupted government…to protect their evil intentions ad objectives.
I am sure..you know that too well…and instead of putting out the problems…tell us what smart ideas you have to solve the problems..since you know we are so stupid.
#47 by perampok cinta1 on Wednesday, 5 January 2011 - 3:13 pm
What is Pakatan’s problem with 1Malaysia? Lately, the Pakatan tried very hard to discredit the slogan. First they banned 1Malaysia in Selangor, now Mr. Lim also seems desperate to do the same.
Frankly, I think that the Pakatan is afraid of 1Malaysia. The concept is now widely accepted among Malaysians as everybody young and old upholds the slogan. It’s good way to bring Malaysians together.
The Pakatan is afraid that the slogan is similar to with what they are fighting for, except 1Malaysia is better in every aspect.
#48 by Bigjoe on Wednesday, 5 January 2011 - 3:17 pm
Hey, 1Malaysia has new meaning. It means no Selangor, no Perak, No Sabah, No Penang etc…just one big 1Malaysia…
#49 by Loh on Wednesday, 5 January 2011 - 4:07 pm
///it therefore means and implies that:-
1. Khalid has misrepresented/skewed what transpired in his audience with the Ruler by earlier saying to the press that HRH Sultan has acknowledged the fact that he has no power in accepting or rejecting any appointments made by the Public Service Commission;///-Jeffrey
That was what Mohamad Munir, the private secretary to the Sultan of Selangor wants us to believe. But can that be plausible?
MB Khalid announced what transpired in a press conference after he had an audience with the Sultan. So the meeting with the Sultan cannot be disputed. Can we doubt the intelligence of Khalid for his capability to summarize what actually transpired just hours before? He certainly has the ability, and he could certainly remember what only happened a few hours before since the press conference was meant to announce what happened at the meeting. So Mohamad Munir actually declared that what Khalid stated was a lie. Khalid cannot be expected to make up the story, and so since he related what the Sultan told him, and his private secretary disputed what the Sultan said to Khalid, so the Sultan must have lied if Mohamad Munir can be believed. But between the Sultan and Mohamad Khalid, the Sultan does not lie, so Mohamad Khalid did not tell the truth, or not the whole truth. It could be true that PSC submitted a list of candidates to the Sultan, and Mohamad Munir was the chief executive of the Palace, and he said that the Sultan is the chief executive of Selangor.
Permanent government officials appointed to their positions are now ever more powerful than elected representative, and even hereditary ruler. Muhyiddin the Education Minister said that he had no power to deal with the two principals who suffered from mouth diarrhea. The Sultan of Selangor has to act according to the script written by his private secretary to swear-in Khusrin despite what he said to Khalid. It would appear that Najib has no power to tell Sidek Hassan to review his action. But what happened here and in Perak tell us that we have a democratically elected absolute monarch who uses position and opportunity for money to rule. He is above monarchy.
The civil service of Malaysia is not the backbone of UMNO. It controls UMNO leaders, and the royals too.
#50 by HJ Angus on Wednesday, 5 January 2011 - 4:15 pm
“The civil service of Malaysia is not the backbone of UMNO. It controls UMNO leaders, and the royals too.”
Well it is a monster that UMNO created to do its bidding.
Maybe some of the leaders in the civil service also know how to get things their way.
Especially when the national leadership is so weak and rife with mega scandals.
#51 by tak tahan on Wednesday, 5 January 2011 - 4:16 pm
Dear perampok cinta1,
Pakatan is not afraid 1Malaysia BUT against of umno’s 1Malaysia which is totally screwed up,confusing,lack of its true meaning and wost detrimental enough to cheat the rakyats.
#52 by Loh on Wednesday, 5 January 2011 - 11:06 pm
///Chief sec defends decision, MB’s consent not needed
Jan 5, 11 8:34PM
The question now is whether the ex-state sec informed the MB and his cabinet the nominees for his replacement.///–Malaysiakini
It means that all state civil servants are ultimately subordinate to Sidek Hassan. It means also that there is no separation of state and federal government since whoever assigned by Sidek Hassan will have to accept his directives against those of the Mentri Besar. So Sidek Hassan is more powerful than the Prime Minister who have no say on state matter such as on land. But Sidek Hassan can direct any state civil servants to do his bidding.
Has the constitution given the Chief Secretary, a civil servant more power in some respect than democratically elected head of state government?
#53 by Jeffrey on Thursday, 6 January 2011 - 1:39 am
//It means that all state civil servants are ultimately subordinate to Sidek Hassan//
Do the state civil servants including the state secretary get their gaji from Sidek (federal coffers) or the state coffers?
#54 by Loh on Thursday, 6 January 2011 - 6:16 am
///He said the Sultan’s consent on Mohd Khusrin’s appointment was merely a matter of “courtesy”.
“In this process, any names presented for the Sultan’s perusal is just a matter of courtesy. What is legally valid here is that the appointment is made through the ‘appropriate service commission’, as stipulated in the Constitution, or the promotions board, which carries out the PSD’s powers, as stipulated under Article 144(5B) of the Federal Constitution,” he said.
Despite opposing views from legal experts, Mohd Sidek insisted that the term “appropriate service commission” enshrined under Article 52 of the Selangor Constitution specifically referred to the promotions board and not the Selangor State Services Commission as suggested.///–Mohd Sidek Hassan, http://www.themalaysianinsider.com/print/malaysia/khusrin-appointment-legal-no-need-for-royal-consent/
I reproduce the relevant articles referred to by Mohd Sidek for easy reference:
QUOTE
Functions of Service Commissions
Public services144. (1) Subject to the provisions of any existing law and to the
provisions of this Constitution, it shall be the duty of a Commission
to which this Part applies to appoint, confirm, emplace on the
permanent or pensionable establishment, promote, transfer and
exercise disciplinary control over members of the service or services
to which its jurisdiction extends.
(2) Federal law may provide for the exercise of other functions
by any such Commission.
(3) The Yang di-Pertuan Agong may designate as special posts
any post held by the head or deputy head of a department or by
an officer who in his opinion is of similar status; and the appointment
to any post so designated shall not be made in accordance with
Clause (1) but shall be made by the Yang di-Pertuan Agong on
the recommendation of the Commission whose jurisdiction extends
to the service in which the post is held.
(4) The Ruler or Yang di-Pertua Negeri of a State may designate
as special posts any posts in the public service of his State held
by the head or deputy head of a department or by an officer who
in his opinion is of similar status; and the appointment to any post
so designated shall not be made in accordance with Clause (1) but
shall be made by the Ruler or Yang di-Pertua Negeri on the
recommendation of the Public Services Commission (or, if there
is in the State a State Public Service Commission, on the
recommendation of that Commission).
(5) Before acting, in accordance with Clause (3) or (4), on the
recommendation of the Commission therein mentioned—
(a) the Yang di-Pertuan Agong shall consider the advice of
the Prime Minister; and
(b) the Ruler or Yang di-Pertua Negeri shall consider the
advice of the Chief Minister of his State,
and may once refer the recommendation back to the Commission
in order that it may be reconsidered.
132. (1) For the purposes of this Constitution, the public services
are—
(a) the armed forces;
(b) the judicial and legal service;
(c) the general public service of the Federation;
(d) the police force;
(e) (Repealed);
(f) the joint public services mentioned in Article 133;
(g) the public service of each State; and
(h) the education service.
(2) Except as otherwise expressly provided by this Constitution,
the qualifications for appointment and conditions of service of
persons in the public services other than those mentioned in paragraph
(g) of Clause (1) may be regulated by federal law and, subject to
the provisions of any such law, by the Yang di-Pertuan Agong; and
the qualifications for appointment and conditions of service of
persons in the public service of any State may be regulated by
State law and, subject to the provisions of any such law, by the
Ruler or Yang di- Pertua Negeri of that State.
(2A) Except as expressly provided by this Constitution, every
person who is a member of any of the services mentioned in
paragraphs (a), (b), (c), (d), (f) and (h) of Clause (1) holds office
during the pleasure of the Yang di-Pertuan Agong, and, except as
expressly provided by the Constitution of the State, every person
who is a member of the public service of a State holds office
during the pleasure of the Ruler or Yang di-Pertua Negeri.
(3) The public service shall not be taken to comprise—
(a) the office of any member of the administration in the
Federation or a State; or
(b) the office of President, Speaker, Deputy President, Deputy
Speaker or member of either House of Parliament or of
the Legislative Assembly of a State; or
(c) the office of judge of the Federal Court, the Court of
Appeal or a High Court; or
(d) the office of member of any Commission or Council
established by this Constitution or any corresponding
Commission or Council established by the Constitution
of a State; or
(e) such diplomatic posts as the Yang di-Pertuan Agong may
by order prescribe, being post which but for the order
would be posts in the general public service of the
Federation.
UNQUOTE
The KSN Mohd Sidek Hassan referred to article 144(5b) to justify his action. That clause includes the word : ) the Ruler or Yang di-Pertua Negeri shall consider the advice of the Chief Minister of his State. Of course Khalid the MB of Selangor has confirmed that he does not want Khusrin. Khalid was not consulted prior to the appointment.
The KSN chose to ignore article 144(4) which reads: (4) The Ruler or Yang di-Pertua Negeri of a State may designate
as special posts any posts in the public service of his State held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Ruler or Yang di-Pertua Negeri on the recommendation of the Public Services Commission (or, if there is in the State a State Public Service Commission, on the recommendation of that Commission).
Quite obviously, the position of the state secretary, the legal advisor and the State finance Officer would fall under the catery of special officers because of the impact they have on the administration of the state. These positions are to be appointed by the state Public Service Commission if it exists. The State Service Commission can accept secondment as needed. Sidek Hassan chose to equate PSD Board as the Commission written in the Selangor constitution. Supreme court judges will have to make sure that the same words carry the same meaning while Sidek Hassan as KSN and exert his authority to equate Board with Commission.
From Article 132(2A) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (f) and (h) of Clause (1) holds office during the pleasure of the Yang di-Pertuan Agong, and, except as
expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office
during the pleasure of the Ruler or Yang di-Pertua Negeri. So unless the state constitution of Selangor expressly stated that the state secretary is not a member of the public service of the state, or who cannot be removed, he serves during the pleasure of the Sultan, and he can be so dismissed on the advice of the Mentri Besar when Khsrin does not serve in his capacity as a Islamic officer.
The federal constitution did not specify that the state public services should be fielded by the Public Service Commission of the federal government. In fact article 132(2) states :Except as otherwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may be regulated by federal law and, subject to the provisions of any such law, by the Yang di-Pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or Yang di- Pertua Negeri of that State.
Clearly the constitution recognizes that the state governments are not restricted in how it would recruit staff to serve its administration. Just because the Federal and most of the state governments have been under the same political party, and they accepted the past practices do not make the appointment of offices from the PSC to the states a legal requirement. Khalid should send Khusrin back based on article 132(2A)
#55 by boh-liao on Thursday, 6 January 2011 - 12:43 pm
S’gor state gomen sodomised by ex-SS Ramli Mahmud
Now S’gor state gomen kwai kwai attended d swearing ceremony in palace
Beras sudah menjadi nasi lah, too late, d wolf is inside d office
#56 by boh-liao on Thursday, 6 January 2011 - 12:46 pm
NR n Umnob/BN abt 2 CHECKMATE PR-led S’gor
#57 by boh-liao on Thursday, 6 January 2011 - 4:33 pm
After 308, false optimism
PR ruled states, NOT enuf, bcos many agencies n positions firmly controlled by d federal gomen n bodies, which constantly undermined PR-led states
PR MUST RULE both states and federal gomen in order 2 release their full potentials
#58 by Loh on Thursday, 6 January 2011 - 7:27 pm
///Article 144(5) Before acting, in accordance with Clause (3) or (4), on the
recommendation of the Commission therein mentioned—
(a) the Yang di-Pertuan Agong shall consider the advice of
the Prime Minister; and
(b) the Ruler or Yang di-Pertua Negeri shall consider the
advice of the Chief Minister of his State,
and may once refer the recommendation back to the Commission
in order that it may be reconsidered.///
It has been said that the outgoing state secretary of Selangor forwarded the list of nominees to the Sultan without having sought the advice of the Mentri Besar. Thus article 144 (5b) had not been followed because the Sultan had not received the input of the MB in actng on his selection. The Sultan can do no wrong, since he had every right to expect that the state secretary would act in accordance to the law to obtain the input of the MB. The question then is whether the Sultan was asked to submit the name of Khusrin as the accepted candidate. If he had, then the outgoing Mentri Beaar should be charged for falsifying information giving the impression that the Mentri Besar had indicated his choice of one person from a list of three. If the Sultan had himself selected Khusrin from a list of three, it is for the Sultan to refer to his Chief Minister before a decision was taken. That could be against the protocol, and the situation was created by the outgoing state secretary. So, the former state secretary could be charged for not performing his duty professionally.
It is now known that the appointment of Khusrin have not been done in accordance to the requirement of Constitution. Should the Sultan carry on with the swearing-in ceremony now that the appointment had been unconstitutional. Is it a case of whitewashing an error by his royal presence?
The Selangor constitution states the the appointment should be by an appropriate service commission. The word appropriate would carry the meaning that the commission would be able to field a person suitably qualified for the post. It shows no deference to the hierarchy of federal over state service commission.
The statement of Sidek Hassan that the list was forwarded to the Sultan out of courtesy. This agree with what Khalid said about what transpire with his audience with the Sultan. Thus, the Sultan had no legal authority to either accept or reject the nomination; he had acted beyond his legal authority if he did the selection himself.
#59 by negarawan on Friday, 7 January 2011 - 10:25 pm
My hats off and full respect to Tan Sri Khalid Ibrahim and the entire PR team for keeping their cool and professionalism despite the shameful and despicable attempts by UMNO to sabotage the Selangor state government. The Selangor state government was democratically elected by the people, and EVERYONE irregardless of rank and file must respect the rakyat’s decision.
This situation is analogous to a person hiring a maid for another family without discussing anything with the family, and without the agreement of the family. Yet the family has to pay for the maid, and forced to live with the maid irregardless of whether they actually need the maid, or can get along with the maid. This is really against good common sense and human decency.