IPOH: The Perak state secretary’s office has issued a directive to lock the gates tomorrow to the building where the state legislature is located ahead of an emergency sitting of the state assembly called by Speaker V Sivakumar.
The directive appears to suggest civil service and executive interference in the legislature in what some lawyers say is a clear violation of the constitution and the doctrine of separation of powers.
The Perak police chief also issued a statement this afternoon in which he said the emergency sitting is “invalid” and advised members of the public not to gather at the state assembly.
These various directives appear to suggest the state Barisan Nasional (BN) government is trying to stretch to the limits its advantage of incumbency to prevent a vote in the assembly tomorrow, which it may lose.
Lawyers representing Perak mentri besar Datuk Dr Zambry Kadir and his executive council will also file for an injunction this afternoon at the High Court in Ipoh in an attempt to lift the suspension orders preventing them from attending the state assembly.
Mohd Zahir Abdul Khalid, one of Zambry’s executive council members, has also served notice that he will refer Speaker V Sivakumar to the legislature’s rights and privileges committee.
According to the notice, Mohd Zahir is accusing Sivakumar of abusing his power to commit contempt by showing disloyalty to the Perak Sultan.
Article 47 of the state constitution was cited. The article sets out the oath of allegiance, which each state assemblyman has to take when sworn into the assembly.
The attempt to refer Sivakumar to the rights and privileges committee is but just one of a host of tactics and strategies the BN government is employing as it faces the prospect of an emergency sitting of the assembly tomorrow which could see it being ousted by a no-confidence vote.
This evening, Zambry said he had sought a court declaration in the High court here that Sivakumar's move to suspend him and the six exco members was unconstitutionl and that they have the right to attend assembly sittings.
The originating summons was filed with the High Court at 3.55pm today and served through Sivakumar's staff at 5pm. The case will be heard at 9am tomorrow at high court 4.
The legal action is unprecedented because the courts are constitutionally not allow to review anything to do with the assembly because of the doctrine of separation of powers.
Malaysian inisder
02/03/09
The directive appears to suggest civil service and executive interference in the legislature in what some lawyers say is a clear violation of the constitution and the doctrine of separation of powers.
The Perak police chief also issued a statement this afternoon in which he said the emergency sitting is “invalid” and advised members of the public not to gather at the state assembly.
These various directives appear to suggest the state Barisan Nasional (BN) government is trying to stretch to the limits its advantage of incumbency to prevent a vote in the assembly tomorrow, which it may lose.
Lawyers representing Perak mentri besar Datuk Dr Zambry Kadir and his executive council will also file for an injunction this afternoon at the High Court in Ipoh in an attempt to lift the suspension orders preventing them from attending the state assembly.
Mohd Zahir Abdul Khalid, one of Zambry’s executive council members, has also served notice that he will refer Speaker V Sivakumar to the legislature’s rights and privileges committee.
According to the notice, Mohd Zahir is accusing Sivakumar of abusing his power to commit contempt by showing disloyalty to the Perak Sultan.
Article 47 of the state constitution was cited. The article sets out the oath of allegiance, which each state assemblyman has to take when sworn into the assembly.
The attempt to refer Sivakumar to the rights and privileges committee is but just one of a host of tactics and strategies the BN government is employing as it faces the prospect of an emergency sitting of the assembly tomorrow which could see it being ousted by a no-confidence vote.
This evening, Zambry said he had sought a court declaration in the High court here that Sivakumar's move to suspend him and the six exco members was unconstitutionl and that they have the right to attend assembly sittings.
The originating summons was filed with the High Court at 3.55pm today and served through Sivakumar's staff at 5pm. The case will be heard at 9am tomorrow at high court 4.
The legal action is unprecedented because the courts are constitutionally not allow to review anything to do with the assembly because of the doctrine of separation of powers.
Malaysian inisder
02/03/09
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