The nomination of Opposition Leader Datuk Seri Anwar Ibrahim to contest in the by-election for the Kajang state constituency has become a hot topic throughout the country.
The decision has created numerous perceptions to the extent that many are wondering whether Anwar is suitable as a candidate to take over as Selangor Menteri Besar.
A former judge of the Court of Appeals, Datuk Mohd Noor Abdullah explained that the Sultan of Selangor, Sultan Sharafuddin Idris Shah has absolute power in deciding the appointment of an individual to be the state's Menteri Besar.
He said the power is provided for in the Selangor State Constitution 1959 based on Article 51.
"The Sultan of Selangor has absolute power on two matters and can make a decision without any advice, that is, in the selection of the Menteri Besar and secondly, in the dissolution of the State Legislative Assembly.
"In making a decision on these two matters, the Sultan does not have to act on the advice of anyone," he told reporters at Menara Felda here, recently.
Mohd Noor explained that the Sultan is empowered to appoint any State Assemblyman whom he considers to have the confidence of the majority of the State Assembly, and the second condition is that the Menteri Besar appointed must be of the Malay race and a Muslim.
He disclosed this when referring to the Article 51 of the State Constitution based on Article 53 (2)(a); and Article 51 (2) subject to Article 53 (4) in the Selangor State Constitution 1959.
"According to these provisions, the Ruler or Sultan however, could relax the condition according to his discretion to fulfill the first condition," he said.
In other words, he said, the constitution provides that the power rested on the people in the democratic process where the Sultan is merely a constitutional ruler and has the power to appoint the Menteri Besar based on the law specified.
However, he said, the Sultan could not choose anyone he liked to become the Menteri Besar because this could be interpreted as interfering in the political affairs of the state.
"In the case of Selangor, two parties namely PAS and PKR can nominate the name of an appropriate candidate and if this is rejected, they must nominate another name," he said.
However, Mohd Noor said the candidate nominated must be from the party that had won the election and in the situation in Selangor, for example, the Sultan of Selangor could determine whether the candidate is a PAS or PKR leader.
He said the Sultan had no power to delay the appointment.
"However, as an example, if representative A garners the majority vote, but representative B is the Sultan's choice, then the party can decide who becomes the Menteri Besar through the lobbying process between one another. So, when representative B is elected, the representative B will meet the Sultan to seek
his consent.
"This means that the party gives in to the wishes of the Sultan. But if the party insists on the decision of the majority to choose representative A, then the Sultan cannot appoint B. This is because if B is appointed and later receives a vote of no confidence, he will eventually be removed," he explained.
Under the present situation, Mohd Noor said the Selangor State Assembly had already sat and if Anwar were to win the by-election, a motion could be made in the State Assembly, he would be nominated as the Menteri Besar.
"The current Menteri Besar (Tan Sri Abdul Khalid Ibrahim) becomes the MB at the pleasure of the Sultan for five years. If he wants to step down before the five-year period, he could present his letter of resignation to the Sultan.
"If he doesn't want to resign, then a vote of no confidence on the Menteri Besar could be passed and if the motion is passed, he loses. Then, he will have to vacate his post," he explained.
After appointing the Menteri Besar, the Sultan is also empowered to appoint the State Government Executive Councillors based on the nominations by the Menteri Besar.
Based on the law and Federal Constitution, Mohd Noor said the criteria for a candidate to stand for state election is that he or she must be a Malaysian national, his home address must be in the state he wished to contest in, aged above 21, has a sound mind, not a bankrupt and had never been jailed for more
than one year (but he can contest after the expiry of the jail term).
"The home address of the candidate in his identity card must be in the state he is contesting, for example in the vacancy in the Kajang state constituency.
Any candidate wishing to contest must have a Selangor address. But the law does not state how long the candidate must reside in Selangor," he said.
The by-election is to be held following the move by the Kajang State Assemblyman, Lee Chin Cheh, from the PKR, who vacated his seat last Monday.
To a question whether Datuk Seri Anwar Ibrahim would be allowed to contest the by-election if the government wins the appeal for the sodomy case against him, Mohd Noor said it would not because the Opposition Leader could still appeal in the Federal Court.
"(However), anyone who is eventually convicted by the Federal Court for a serious offence, and the charge is a serious offence, then his political or professional career would end," he said.
On Aug 7, 2008 Anwar was charged in the Kuala Lumpur Sessions Court for sodomising his personal assistant Mohd Saiful Bukhari Azlan at the Desa Damansara condominium, Bukit Damansara.
However, on Jan 9, 2012, the Kuala Lumpur High Court found Anwar not guilty and acquitted and discharged him on grounds that there was no evidence to support the victim's testimony.
On Jan 20, 2012, the Attorney-General's Chambers filed an appeal on the decision of the High Court and the appeal would be heard on Feb 12 and 13 at the Court of Appeal.
Bernama
Sat Feb 01 2014
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.