For any LAW to be passed, after it is passed in the Dewan Rakyat - it must also be passed by the Dewan Senat. Only then it is send to the King for his royal assent.
Therefore, Pakatan Harapan may manage to pass laws in Dewan Rakyat ...but when it comes to the Senate, it may be blocked by a Senate comprised of mainly UMNO-BN government chosen Senators. Will they behave like independent Senators - or will they continue voting as UMNO-BN suggests/directs?
However, in Malaysia, after a General Election, it does not mean that the current Senators must resign - NO- they will remain Senators until their 3-year term is over. So, will the Senate comprised now of Senators appointed by the UMNO-BN(except for 6 from Kelantan, Penang and Selangor) sabotage all new laws, by not passing these laws that the Pakatan Harapan or Opposition dominated(including PAS and others) Dewan Rakyat approves.
Senators cannot be replaced until the end of their 3 year term. They cannot be 'forced' to resign earlier.
PROBLEM with the Malaysian Senate is that it has been a 'rubber stamp' that simply approved everything that was put forward by the former UMNO-BN government - in that way, one may say that it is just a waste of Malaysian peoples' monies - the maintenance of the Senate, salaries and allowances for Senate.
(1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:
(a) two members for each State shall be elected in accordance with the Seventh Schedule; and
(aa) two members for the Federal Territory of Kuala Lumpur, one member for the Federal Territory of Labuan and one member for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong; and
DURING the UMNO-BN rule, there may have been abuses by the Prime Minister(BN) - as we see many who were not successful in the Parliamentary elections were simply appointed as Senators, some even were appointed Senators just so that they can be brought into the UMNO-BN Cabinet.
The Senators from the States were not democratically elected and chosen by the people themselves - but by the State Legislative Assembly. (See below for the Seventh Schedule).
44 Senators were simply appointed based on the advice of the Prime Minister...As such, the UMNO-BN may have managed to place 'their people' as Senators. Oddly enough, we do not hear about any of these Senators even consulting(or even meeting) the people or the respective groups they are supposed to be representative. Who is the Senator representing 'industry' - have we ever heard of him meeting and dialoguing with people from that sector. I am certainly not seen any Senator representing the legal profession having discussions and/or dialogue with the legal profession. The State of Affairs in the Malaysian Senate needs drastic 'TRANSFORMATION'...and the good news is that our Constitution allows for it - without even having to amend the constitution - all that is needed is a LAW to be passed, and laws are passed by majority support in Dewan Rakyat..Will Mahathir and the Pakatan Harapan do this, and make our Senate made up of democratically elected by the people Senators.
26 members elected by the State Legislative Assembly to represent 13 states (each state represented by two members).
44 members appointed by His Majesty The King on the advice of the Prime Minister, including two members from the Federal Territory of Kuala Lumpur, and one member each from the Federal Territory of Labuan and Putrajaya.- Malaysian Parliament Website
Now, our Federal Constitution provides the possibility of democratic elections - but sadly, even the Opposition States like Kelantan, Selangor and Penang - chose to just follow the UMNO-BN, and appointed these Senators vide the State Legislative Assemblies.Things must change now.
(4) Parliament may by law -
(a) increase to three the number of members to be elected for each State;
(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;
(c) decrease the number of appointed members or abolish appointed members.
REFORMASI - Well, the time has come for Malaysians to democratically elect their Senators.
WHAT REFORMS DO WE WANT?
1- All Senators representing States SHALL democratically elected by the people.
2- Increase to three(3) the number of Senators per State. This is allowed in our Federal Constitution. If 3 from 13 States, it will make it 39 plus the 2 from Labuan and Putrajaya makes 41 democratically elected Senators. Now, the number of Senators appointed by King on advise of PM is 44.
3 - People of Kuala Lumpur shall be entitled to elect three(3) Senators as well, while there will be one(1) Senator for Labuan, and one(1) for Putrajaya.
4 - With regard the 40 appointed Senators, it should be decreased, and the number for each category should be defined clearly:-
Rendered distinguished public service or
have achieved distinction in the professions - There should be three(3) from public service, three(3) from judiciary, professional representatives - medical, legal, architects & engineers, accountants and auditors, academics. For the professions, the representatives shall be elected by the members of the professions concerned, and there shall be 2 representatives from each of the profession.
commerce, industry,
agriculture, cultural activities or social service or - people in the respective sectors can elect their representative
are representative
of racial minorities or are capable of representing the interests of
aborigines.- people in the respective sectors can elect their representative
45 Composition of Senate.(1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:
(a) two members for each State shall be elected in accordance with the Seventh Schedule; and(2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.
(aa) two members for the Federal Territory of Kuala Lumpur, one member for the Federal Territory of Labuan and one member for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong; and
(3) The term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.
[Am. Act A1130](3A) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:
Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.
(4) Parliament may by law -
(a) increase to three the number of members to be elected for each State;
(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;
(c) decrease the number of appointed members or abolish appointed members.
SEVENTH SCHEDULE[Article 45]
Election Of Senators[Am. Act A1130]1. (1) (Repealed).
(2) As often as there is a vacancy among the members elected to the Senate by a State the Yang di-Pertuan Agong shall give notice to the Ruler or Yang di-Pertua Negeri of the State that an election of a Senator is required and the Ruler or Yang di-Pertua Negeri shall require the Legislative Assembly to elect a Senator as soon as may be.
2.(1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a Senator if elected.
(2) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.
(3) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.
(4) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.
3. Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.
4. The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.
5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under subsection 1(2) as soon as may be shall not of itself invalidate the election of any Senator.
BN-appointed senators must resign, says ex-judge
Failure to do so will give the impression that they
intend to give the PH federal government as much difficulty as possible,
says Gopal Sri Ram.
Gopal Sri Ram says the first to step down should be the Dewan Negara president. (Youtube screengrab)
PETALING JAYA: All senators appointed by the king to the Dewan Negara
should resign to allow the newly-installed federal Pakatan Harapan (PH)
government to carry out the mandate of the people after the
bitterly-contested national polls, a retired judge said.
Gopal Sri Ram said senators elected by legislative assemblies, now
under PH state governments, should also vacate their positions.
“In law, their terms are not affected but as a matter of conscience, they should resign,” he told FMT.
Otherwise, he said the ordinary man was entitled to think that their
purpose of staying on was to give the elected federal government as much
difficulty as possible in the legislative process.
“They can attack the PH government and refuse to pass bills,” he added.
Sri Ram said the first to step down should be the Dewan Negara
president as this was to make way for the
PH federal government to
appoint a candidate of its choice.
The term of office of senators is for three years and is not to be affected by any dissolution of the Dewan Rakyat.
Under Article 45, the Dewan Negara consists of 44 members appointed by the king on the advice of the prime minister.
These senators should be persons who “have rendered distinguished
public service or have achieved distinction in the professions,
commerce, industry, agriculture, cultural activities or social service
or are representative of racial minorities or are capable of
representing the interests of aborigines”.
Another 26 represent the 13 states in the federation, who are elected by their state assemblies.
PH won power in Johor, Melaka, Negeri Sembilan, Selangor, Perak ,
Penang and Kedah while Parti Warisan and its PH allies have secured
Sabah.
Pahang, Perlis and Sarawak are under Barisan Nasional while Kelantan and Terengganu are under PAS.
Meanwhile, former Malaysian Bar president Ragunath Kesavan said it
was convention for political appointees to step down from their
positions once a new government was installed after a general election.
“It is for the new administration to decide who their appointees should be,” he said.
He said in 2008, former de facto law minister Zaid Ibrahim resigned
from the Senate when he left Abdullah Ahmad Badawi’s administration.
He said all should also emulate the example of former Johor Baru MP
Shahrir Abdul Samad, who resigned as Felda chairman after the election.
“So I hope those in government-linked companies, statutory bodies and
commissions would also follow the example of Shahrir,” he said.- FMT, 15/5/2018
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