PENGHUNI GUA: GANTUNG MB DAN EXCO PERAK : ULASAN DR SIDDIQ AZANI

Thursday, 19 February 2009

GANTUNG MB DAN EXCO PERAK : ULASAN DR SIDDIQ AZANI - PENSYARAH UNDANG-UNDANG UiTM

Suspension: Sivakumar Has Crossed The Line - Did not Follow the Law

Im afraid N.Sivakumar has acted emotionally, abuses his power as the ex-speaker of the Perak State assembly. By all means necessary, he has acted unconstitutionally and eroding the conventions, rule of law prescribed so far as the law is concerned. Action taken by Sivakumar was a clear violation of the Standing Orders of the State Legislative Assembly of Perak.

Under Rule 71 (2) of the orders, when the assembly is not in session, a member can inform the Speaker if there had been violations of the rights and privileges. After receiving the report, the speaker then must refer to the Rights and Privileges Committee and the committee must be reported to the parliament.

Siva did not even give a chance to the MB Dr.Zambry, and the other 6 excos to defend themselves. Thus its violates the priciple of right to be heard, provided in equity, in the eyes of the rule of law. Moreover, the suspension action will prevent the members suspended to carry out their task as the elected reps to their own constituency.

Siva has totally violates the law, acted ultra-viresly and rammed over the upper house, which is the respective Parliament of the Federation of Malaysia. The current MB, and the excos are appointed by the Ruler, under provision of article 16 of the Perak constitution, so it was said to illegaly against the Ruler’s discretion on the appointment issue.

Siva must yet realize that those suspension can only be carried out if majority of the members of the assembly agree upon the issue that the MB had been reported to the committee, with there is a chance given to the suspended members, allowing themselves to defend their rights, or atleast to produce a show cause letter on why should they stay as the members of the assembly.
With all due respect, Siva did not follow those procedures and thus the suspension shall be declared as invalid and void. Siva’s position as the Speaker also was in doubt, since the new government of BN is the new elected government, where by Siva is from the opposition’s sides. Conventionally speaking, Siva must be responsible and resign from the post.
Siva’s action is totally a joke.