Cadangan Pindaan Undang-Undang di Dewan Undangan Negeri Selangor hari ini
By Tricia Yeoh
There has been much talk about the situation in the Selangor state government regarding the State Secretary of late. I shall not comment on the issue. But below I reproduce Article 52 from the Laws of the Constitution of Selangor 1959 (incorporating all amendments up to 1 January 2008), under Chapter 3 on the Executive.
Appointment of State Secretary, Legal Adviser and Financial Officer
52. (1) There shall be constituted the offices of State Secretary, State Legal Adviser and State Financial Officer; and the appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.
(2) (a) The State Secretary who shall be of the Malay race and profess the religion of Islam, shall be the principal officer in charge of the administrative affairs of the State.
(b) The State Legal Adviser shall advise on legal matters referred to him by His Royal Highness or the State Government.
(c) The State Financial Officer shall be the principal officer in charge of the financial affairs of the State.
(3) Every such official shall have the right to take part in the proceedings of the State Executive Council and the Legislative Assembly and may be appointed to any committee thereof, but shall not have any vote in the State Executive Council or the Legislative Assembly or any such committee.
(4) Before any such official first attends a meeting of the State Executive Council, he shall take and subscribe in the presence of the Menteri Besar the following oath of secrecy: … (Oath of Secrecy).
(5) The persons holding the office of the State Secretary, the State Legal Adviser and the State Financial Officer respectively immediately before the coming into operation of Clause (1) shall continue to hold that office in like manner as if he had been appointed under that Clause.
This can also be found online and downloadable here: http://www.digitalibrary.my/dmdocuments/malaysiakini/277_selangor.pdf.
There was an amendment in 1993 to this clause, and I shall source for the clause in its original form. But for now, this is Section 52 of the State Constitution as it stands.
|Selangor to go ahead with Proposed Constitution Amendment|
SHAH ALAM, Jan 10 (Bernama) — The Selangor PKR government will go ahead with the planned state assembly sitting end of this month to amend its state constitution despite facing the possibility of not securing a two-third majority to get the amendment through.
Menteri Besar Tan Sri Abdul Khalid Ibrahim said the state government has appointed International Islamic University lecturer Prof Datuk Dr Abdul Aziz Bari and lawyer Datuk Param Cumaraswamy to prepare the draft for the amendment to Section 52 of the state constitution.
“It will be good if you wait (until the sitting convenes),” he told reporters here.
Abdul Khalid was asked on why the state government was going ahead with the sitting knowing that it did not have the two-third majority required to pass an amendment to the constitution.
The opposition pact has 35 seats in the 56-seat assembly while Barisan Nasional has 20. The remaining seat is held by an independent assemblyman.
The state PKR government needs the support of at least 37 assembly members to secure a two-third majority.
Abdul Khalid said Param and Abdul Aziz had recommended that the matter was not to be discussed in public until the time it was tabled at the state assembly.
Asked whether the proposed amendment would be presented to the Sultan of Selangor, Abdul Khalid it would depend on the recommendations of the lawyers involved.
He said the amendment was to give powers to the Selangor sultan and menteri besar in the appointment of the state’s top three civil servants, namely the state secretary, state financial officer and state legal advisor.
Earlier Abdul Khalid declared open the Selangor Anti-Trafficking In Persons Council.
In his speech, he called on the authorities to employ the biometric technology to identify illegal immigrants attempting to enter the country.
He also called on the people to play their role in addressing illegal immigrations by reporting these activities to the authorities or to the council, which can be contacted at 03-55190600.
The council is chaired by executive councillor Rodziah Ismail.
Members of the council include executive councillors Elizabeth Wong, Teresa Kok, Ronnie Liu and Dr Halimah Ali while activist Dr Irene Fernandez heads its action committee.
Malaysia Selangor Crisis: Possible Constitution Amendment
SHAH ALAM: The Selangor state government wants the state constitution amended to return the power of appointing the state secretary to the Sultan and the Mentri Besar. Mentri Besar Tan Sri Khalid Ibrahim said he had asked Speaker Datuk Teng Chang Khim to call for an emergency state legislative assembly meeting to discuss making amendments to the state constitution.
Khalid told reporters that the amendments must return the power to the Selangor palace and the Mentri Besar in all matters concerning the appointments of the state secretary, financial officer and legal adviser.
Khalid, who met Selangor ruler Sultan Sharafuddin Idris Shah earlier in the day, said the Sultan had told him he had no power to either reject or accept appointments made by the Public Service Commission (PSC).
This was because the laws, including the Selangor constitution, was amended in this area during the 1993 constitutional crisis, he added.
Khalid said the new state secretary Datuk Mohd Khusrin Munawi would not be sworn in before him and, given this, could not attend state-related meetings deemed confidential, including the weekly executive council meeting. (The Star.com.my)