Ex-Judge Says Selangor Royal Palace Misled Malaysians on Constitutionality of the State Secretary's Appointment

"... Article 97(1) of the Selangor State Constitution confirms that there is in the State of Selangor, a State Service Commission which has jurisdiction over ALL members of the public services of the State. So that "the appropriate Service Commission" in Article 52(1) is the "STATE Service Commission" referred to in Article 97(1).

The SELANGOR State Secretary can ONLY be appointed by the State Service Commission of Selangor

The office of State Secretary cannot be appointed by anyone else.

The FEDERAL Public Services Commission is NOT authorised by the Selangor Constitution to appoint the State Secretary of the State.

The Public Services Commission is a commission of the FEDERAL Government and its powers do NOT extend to cover State Governments like Selangor.

How can the Palace say that the appointment of Khusrin as the State Secretary of Selangor was in accordance with the Constitution of Selangor and conventions of the State?

Since the Selangor State Service Commission had not made any request for a Federal officer to be seconded to the State for the post of State Secretary and the State Government has yet to appoint someone to be its State Secretary, the appointment of Khusrin is clearly UNCONSTITUTIONAL.

Therefore, Khusrin is NOT the State Secretary because he has not been appointed by the Selangor State Service Commission as required by Article 52(1) of the Selangor Constitution.

Conventions or past practices as claimed by the Sultan of Selangor CANNOT override express and specific provisions of the Selangor Constitution such as Articles 52(1) and 97(1).

Any such claim by the Palace is nothing more than a red herring to mislead and confuse what is largely an uninitiated public...."
-N.H. Chan

Palace’s Codswallop, Sycophants Currying Favour

Read here for more on Loyar Burok website

by

NH Chan
(NH Chan is a former Court of Appeal Judge. He wrote "Judging The Judges", now in its 2nd edition as "How To Judge The Judges". )

On 7 January 2011, Star reported this at page 2 regarding the appointment of the purported Selangor State Secretary:

"I am saddened and regret that many of my statements have been manipulated by irresponsible quarters which had caused confusion among the people," said Sultan Sharafuddin.

The Sultan congratulated Mohd Khusrin on his appointment.

"I would like to stress that the appointment is in accordance with the regulations and procedures of the Selangor and Federal constitutions".

But the real truth is that the supposed appointment of Mohd Khusrin as the State Secretary of Selangor is not "in accordance with the regulations and procedures of the Selangor and Federal constitutions" as claimed by the Sultan.

What was said by the Palace that the appointment of Khusrin was in accordance with the Constitution and conventions of the State is unbelievable

The Selangor State Constitution

Articles 52 and 97 of the Selangor Constitution states:

52(1): There shall be constituted the offices of the State Secretary … and the appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.

It is as clear as daylight that the appointment of the State Secretary "shall be made by the appropriate Service Commission" from members of any of the relevant public services.

What is meant by the term "appropriate Service Commission"?

For that we have to look at Article 97 of the Selangor Constitution which says:

97(1): There shall be established a State Service Commission whose jurisdiction shall … extend to all persons who are members of the public service of the State.

Article 97(1) confirms that there is in the State of Selangor a State Service Commission which has jurisdiction over all members of the public services of the State.

So that "the appropriate Service Commission" in Article 52(1) is the "State Service Commission" referred to in Article 97(1).

Therefore, by virtue of these two provisions of the Selangor Constitution, the State Secretary of SELANGOR is to be appointed by the State Service Commission of Selangor.

The FEDERAL Public Services Commission is not the appointing body for the post of the Selangor State Secretary.

Selangor Royal Palace's Cock and Bull

How can the Palace say that the appointment of Khusrin as the State Secretary of Selangor was in accordance with the Constitution of Selangor and conventions of the State?

What about Articles 52(1) and 97(1) of the Selangor Constitution then?

How can they fly in the face of these two articles of the Selangor Constitution? Without supporting it with any real facts this is just another cock and bull story.

Perhaps they are mistaking the word "secondment" with "appointment".

The verb "second" means to transfer (an employee) temporarily to another branch, or move a worker to another position or role. The noun is "secondment". But there is NO provision in the Selangor Constitution for such an eventuality.

The Selangor State Secretary can only be appointed by the State Service Commission of Selangor: see Articles 52(1) and 97(1).

The office of State Secretary CANNOT be appointed by anyone else.

The FEDERAL Public Services Commission is NOT authorised by the Selangor Constitution to appoint the State Secretary of the State.

On the other hand, the Public Services Commission is a commission of the FEDERAL Government and its powers do NOT extend to cover State Governments like Selangor.

However, Article 134 of the Federal Constitution allows the Federal Government to second its civil servants to any State IF there is a request for a secondment by a State Government.

Since the Selangor State Service Commission had not made any request for a Federal officer to be seconded to the State for the post of State Secretary and the State Government has yet to appoint someone to be its State Secretary, the appointment of Khusrin is clearly UNCONSTITUTIONAL.

Khusrin is NOT the State Secretary by Selangor State Constitution

Therefore, Khusrin is not the State Secretary because he has not been appointed by the Selangor State Service Commission as required by Article 52(1) of the Selangor Constitution.

Conventions or past practices as claimed by the Sultan of Selangor CANNOT override express and specific provisions of the Selangor Constitution such as Articles 52(1) and 97(1).

Any such claim by the PALACE is nothing more than a red herring to mislead and confuse what is largely an uninitiated public.

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