Sunday, 6 February 2011

Stupid Malaysian Constitutional Lawyer
This article is just utter stupidity.

For a more reasonable explanation refer to this:

Reproduced in the group article

But beware of the Malaysian Courts. They don't seem to judge according
to common sense so expect drastic changes to our Malaysian labour laws
and Malaysian Federal Constitution when they make the judgements.
This appointment must be challenged in order to expose the Malaysian
Courts and Government Services. We may not be able to do anything
about it at the moment, but all these challenges will be recorded for
all the world to see and judge.

Saturday January 8, 2011
Expert: Ban on state sec illegal

PETALING JAYA: The Selangor Mentri Besar's ban on state secretary
Datuk Mohd Khusrin Munawi from attending meeetings of the state
executive council is illegal, said a constitutional law lawyer.

"Tan Sri Khalid Ibrahim has no legal basis to object to the
appointment of Khusrin," said Datuk Mohd Hafarizam Harun.

He added that Mohd Khusrin could seek a mandamus order from the
appellate and special powers court compelling Khalid to act in
accordance with the constitution.

Mohd Hafarizam said this in response to Khalid's statement that he
would not allow Mohd Khusrin to take an oath of secrecy before him,
and therefore the latter is barred from attending state exco meetings.

"Such an act is unconstitutional, as Mohd Khusrin must take an oath of
secrecy before the Mentri Besar, otherwise Mohd Khusrin will not be
able to effectively perform his duties as the chief administrator of
the state. The administrative system may collapse if the impasse
persists," he said.

He noted that Mohd Khusrin was appointed in accordance with federal
and state constitutions.

Khalid's objection to the appointment could be perceived as an act of
treason as the Sultan had consented to the appointment of Mohd
Khusrin, said Mohd Hafarizam.

Mohd Hafarizam said Article 52 of the state constitution empowers the
"appropriate" public service commission to appoint state secretary,
legal adviser and financial officer.

It is not stated in the constitution that the three top officials must
be appointed with the consent of the Mentri Besar, he added.

In Federated Malay States, including Selangor, the Federal Public
Service Commission had the prerogative to appoint the three top
officials in the state.

Non-Federated Malay states, such as Kedah and Johor, impose a closed
civil service system where only those within the state civil service
can be appointed to the state secretary posts.

On state Speaker Datuk Teng Chang Khim's claim that they need not get
the consent of the Sultan to convene a state assembly meeting to amend
the state constitution, Mohd Hafarizam said all fresh sittings
required the consent of the Sultan.

He also said the state government's proposed amendment to the state
constitution was an act of futility, as they did not have the two-
thirds majority to pass the amendment.

"Furthermore, any amendments contrary to the federal constitution can
be challenged in the Federal Court, and can be declared void to the
extent of inconsistency," said Mohd Hafarizam, who is the legal
adviser to Barisan Nasional and has experience in handling high-
profile cases involving constitutional matters in Perak and Kedah.

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