Wednesday, May 22, 2013

Is it the royalty or some elements in PR behind this 'crisis' about Exco appointments in Selangor?

I am a bit concerned about what is happening in Selangor with the Exco list. It is a bit hard to believe that it is because of HRH Sultan of Selangor, that seem to be blamed now, as being the party exerting 'pressure' with regard the composition of the State Exco. What if  HRH Sultan said he preferred someone from UMNO as the Menteri Besar? What if HRH Sultan said that he wanted persons from the BN in the State Exco? 

Personally, I do not believe that HRH Sultan of Selangor is the one exerting such pressure in Selangor, it may be just some elements within the Pakatan Rakyat itself. If the later is what is happening, many Malaysians may want to re-think their preference for Pakatan Rakyat - now seen to be as divisive (or even worse than the BN) when ethnicity and religion becomes a bigger concern than the best 'Malaysian' with the required ability, capacity and skills to serve the people. [I never heard of any Sultan's preferences with regard the Exco composition when BN ruled..., or was it there and we were not told...]
The delay in finalising the Selangor state executive council list is to comply with the Selangor Sultan's request to change the racial composition of the line-up, says Selangor PAS deputy commissioner Khalid Samad.

"We understand that his royal highness wants to see an exco made up of six Malays and four non-Malays.

NONE"This is different from the exco in 2008, which was made up of five Malays and five non-Malays," Khalid, the MP for Shah Alam, said in a blog posting yesterday.

He explained that this was to match the increase in Malay majority seats won by Pakatan Rakyat in the 13th general election. - Malaysiakini, 21/5/2013, Exco list held up to accommodate S'gor sultan

With reference to this report, I have concerns.

First concern, is the word '...understand that his royal...' - Where is this understanding coming from? I do not recall seeing any statement made by HRH Sultan of Selangor. 

Second, the changes of ethnic/religious composition certainly should not have anything to do with Pakatan winning more Malay majority seats for after all we are talking about the governance of Selangor State and its people - and how many Malay majority seats won is a reason more likely being raised by elements in Pakatan Rakyat - not HRH Sultan of Selangor who reasonably would be concerned for all people in Selangor, and not how many Malay majority seats won by PR. As such, this reasoning is absurd. The people voted in their reps, and they did not consider ethnicity, religion, gender... these factors are arguments raised by political parties or potential candidates when lobbying to be chosen as candidates or party seats during elections.{Furthermore, if we were to look at popular ethnic support, it may very well paint a different picture...}.

DAP 15, PAS 15 and PKR 14 - still they agreed to an MB from PKR, and I hope it was because he was the best available candidate for the MB position.

Remember restrictions based on ethnicity and/or religion is a problem for multiracial parties like PKR and DAP, and also PAS now since they too are fielding non-Muslim candidates...moving towards becoming a truly Malaysian party. 

I  hope that Pakatan Rakyat would stand up against all these ethnic/religious considerations. Remember that you have the people's mandate...and do not cow down to such pressures based on ethnicity and religion...or 'Party shares'. 

Wherever Pakatan won, it matters not whether the candidate came from PAS, PKR or DAP, or was a Malay, Chinese, Indian, Sri Lankan, Thai, Iban, Kadazan... the Pakatan Rakyat would have still won no matter who the candidate. People voted for the PR...not so much the candidates. [Of course, if it was an incumbent, then performance during the last tenure would also be considered by the voters..]

I believe that the composition of the State cabinet(State Executive Council) should be merely on the consideration of the best person available for the portfolio without consideration about which party, ethnicity, religion, gender,...This would be best for the people. 

But alas, Pakatan Rakyat also, seems to be like the BN, bickering about this and that. First, there was bickering about the, the number of Exco positions? We had the PKR reps fighting about the MB position and candidate...See also

Selangor ADUNs - serve the people - and do not be distracted by desires for personal enrichment, power, etc...

We have to remember that the Pakatan Rakyat has the two third majority in Selangor, and that means that there should be no problem to now amend the Selangor Constitution, to bring in in line with the Federal Constitution. This would mean removing the ethnic and religious condition when it comes to appointing the Menteri Besar - making the Menteri Besar(as is the case with the Prime Minister of Malaysia)  a member of the Legislative Assembly who ...command the confidence of the majority of the members of the Assembly. Surely Malaysians would want the best person who enjoys the confidence of the majority appointed as the Menteri Besar irrespective of gender, ethnicity and/or religion, and for the chosen Menteri Besar to then chose the best of the elected representatives as members of his/her cabinet(State Executive Council). Would not a person like Lim Guan Eng make a good Menteri Besar of Selangor?

51  Appointment of Menteri Besar [LAWS OF THE CONSTITUTION OF SELANGOR, 1959]
(1) His Highness shall appoint by Instrument under His Sign Manual and the State Seal, a Menteri Besar, in accordance with paragraph (a) of Clause (2) of Article 53.
(1A) His Royal Highness shall appoint by Instrument under His Sign Manual and the State Seal a Deputy Menteri Besar in accordance with the provisions of paragraph (c) of Clause (2) of Article 53.
(2) Subject to the provision of Clause (4) of Article 53 no person shall be appointed to be Menteri Besar unless he is of the Malay Race and professes the Muslim Religion.
Article 51(2) would exclude also Muslims of all other ethnicities in Malaysia, including other Bumiputra Muslims. An Orang Asli also could not be the MB.  This provision certainly need to be repealed.

53  The Executive Council

(1) His Highness shall appoint a Majlis Mesyuarat Kerajaan to be called in English the State Executive Council.
(2) The State Executive Council shall be appointed as follows, that is to say-

(a) His Highness shall first appoint as Menteri Besar to preside over the State Executive Council, a member of the Legislative Assembly who in His judgment is likely to command the confidence of the majority of the members of the Assembly;
(b) He shall on the advice of the Menteri Besar appoint not more than ten nor less than four other members from among the members of the Legislative Assembly; and
(c) He shall, if the Menteri Besar so advises, appoint a member of the State Executive Council to be the Deputy Menteri Besar who shall assist the Menteri Besar in the exercise of his powers, the performance of his duties and the carrying out of his functions, and on the directions of the Menteri Besar, he shall exercise such powers, perform such duties and carry out such functions of the Menteri Besar,...
Yes, Pakatan Rakyat has the ability and the capacity to make the needful amendments of the Selangor Constitution - a failure to do so in this term would show us a glimpse of the true nature of Pakatan Rakyat...

98  Amendments of the Constitution

(1) The following provisions of this Article shall have effect with respect to the amendments of this Constitution.
(2) The provisions of the First Part of this Constitution except Articles 3 and 38 (b) may be amended by His Highness by proclamation issued with the advice and concurrence of the Dewan di-Raja established under Article 23 but may not be amended by the State Legislature or by any other means.
(3) The provisions of Article 38 (b) and Articles 47, 48 and 93 may, subject to Clause (5), be amended by Bills passed by the Legislative Assembly and approved by the Dewan di-Raja established under Article 23 and assented to by His Highness, but may not be amended by any other means.
(4) The provisions of the Second Part except Articles 47, 48 and 93 and the provisions of Articles 1, 2 and 3 may, subject to Clause (5), be amended by an enactment of the State Legislature but may not be amended by any other means.
(5) A Bill for making an amendment to this Constitution shall not be passed by the Legislative Assembly unless it has been supported on Second and Third Readings by the votes of not less than two thirds of the total number of members thereof.
(5A) The following amendments are excepted from the provisions of Clause (5), that is to say-
(a) any amendment to the definition of the territory of the State which is made in consequence of the passing of a law altering the boundaries of the State under Article 2 of the Federal Constitution to which the Legislative Assembly and the Conference of Rulers have consented under the said Article; and
(b) any amendment the effect of which is to bring this Constitution into accord with any of the provisions of the Eighth Schedule to the Federal Constitution, but only if it is made after the Legislative Assembly has been elected in accordance with Article 62.
(6) In this Article "amendment" includes addition and repeal.

No comments: