Who is ‘likely to command the confidence of the majority’?


— Gurdial Singh Nijar
The Malay Mail Online
August 25, 2014

AUGUST 25 — The Selangor Constitution obliges the Sultan to appoint as the MB “a member of the State Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly”: Article 53(2)(a).

30 of the 56 members of the Assembly have already sworn on oath a declaration that they support Dato Seri Dr Wan Azizah. This constitutes 53.5% of the members of the Assembly – a clear majority; and in any event a majority that is higher than that which led the Sultan of Perak to appoint an MB on the basis that he commanded the majority. This exercise of discretion was accepted by the Federal Court in the Perak case (Nizar v Zambry).

Secondly, PAS has also expressed its support for Dato Seri Dr Wan Azizah, although the Party also proposed an additional name. This means that Dato Seri Dr Wan has the cumulative support of 43 out of the 56 members of the Assembly — an overwhelming 77% of the majority of the members of the State Assembly.

Significantly, BN has not indicated its support for any candidate. That is, it has abstained in this exercise.

This means that Dato Seri Dr Wan Azizah has the support of a very clear majority of the members of the Assembly; with no one opposing her appointment as MB.

Where it appears abundantly patent who is likely to command the majority, the Sultan’s discretion must be exercised in favour of that person – based on the facts, the Constitution, constitutional convention (practice) and the Perak case. — Reuters pic

* Gurdial Singh Nijar is a Professor at the Law Faculty of University of Malaya.

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  1. #1 by Justice Ipsofacto on Tuesday, 26 August 2014 - 9:00 am

    Alright. OK. Well ooookaay. U hv overwhelming support. I know that.

    But but the decision maker is umno — errr no, sorry, the sultan.

    • #2 by cemerlang on Tuesday, 26 August 2014 - 10:06 pm

      It is beginning to look like how the Japanese Prime Minister come and go and now even the Thai Prime Minister come and go.

  2. #3 by Bigjoe on Tuesday, 26 August 2014 - 10:09 am

    Its amazing the details of State constitution and the law is being debated when the overall larger principles of governance and leadership is already thrown down the drain by the crisis.

    Khalid has extracted his pound of flesh from his political enemies and Anwar in particular. He has not lost. Its the rakyat that has already lost and will continue to lose for the longest time because our political elites are basically pathetic – govt or opposition.

  3. #4 by Bigjoe on Tuesday, 26 August 2014 - 4:02 pm

    Something is going on,,, Charging Rayer for sedition in State Assembly session???? Someone is abusing prosecutorial power. All these sedition cases are raised for the sake of doing it, without merit…

  4. #5 by Bigjoe on Tuesday, 26 August 2014 - 5:53 pm

    We have officially a constitutional crises. What happens when the Sultan refuses to do his duty under the law?

    Politically it puts Anwar and PR in a deep deep hole. To take on the rulers, the govt agencies, UMNO/BN and it looks like a faction of PAS, all at the same time..Anwar and PR are lucky Najib is just as weakened by his own problems.

  5. #6 by worldpress on Tuesday, 26 August 2014 - 7:07 pm

    Hints already out…are you DAP dare to submit your trustworthy candidate?

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