Sultan boleh bubar DUN T'ganu, kata pakar perlembagaan...
Pakar perlembagaan Abdul Aziz Bari berpendapat, Sultan Terengganu boleh membubarkan DUN sekiranya baginda tidak boleh memutuskan menteri besar yang sesuai - jika BN dan Pakatan masing-masing menguasai jumlah kerusi yang sama banyak.
Tambahnya, dalam keadaan seperti itu, pelantikan menteri besar boleh diputuskan oleh Sultan, yang boleh menggunakan pertimbangannya sendiri.
Abdul Aziz berkata, mengikut pertuntukan perlembagaan negeri, yang serupa dengan peruntukan dalam perlembagaan persekutuan, perkara itu tertakluk bawah budi bicara Sultan.
Katanya di Terengganu, seperti juga negeri lain di Malaysia dan negara-negara Komanwel, Sultan boleh melantik seseorang yang dirasakan mendapat sokongan paling banyak dalam Dewan.
"Sekiranya Sultan tidak pasti, maka saya fikir baginda boleh membubarkan Dewan agar satu pilihan raya baru boleh diadakan.
“Ini untuk membolehkan rakyat membuat keputusan dan bukannya baginda. Dari sudut monarki sebagai simbol perpaduan yang perlu berada lebih tinggi dari parti politik, mungkin ia pilihan yang lebih baik,” katanya kepada Malaysiakini.
Beliau ditanya mengenai kemungkinan DUN Terengganu tergantung sekiranya PAS memenangi pilihan raya kecil DUN Kuala Besut.
Dalam pilihan raya umum lalu, BN memenangi 17 daripada 32 DUN, dan selebihnya 15 kerusi dimenangi PAS.
Pilihan raya kecil itu bakal dijalankan berikutan kematian penyandang kerusi tersebut Dr A Rahman Mokhtar dari BN.
Pilihan raya kecil itu perlu diadakan sebelum 27 Ogos.-malaysiakini
'In a stalemate, sultan can opt to dissolve assembly'...
The
Sultan of Terengganu can dissolve the state assembly if he cannot
decide on who is best to be the menteri besar should there be a
stalemate, says an expert on the constitution, Abdul Aziz Bari..
In a hung parliament, assed Aziz, a former professor lof law, the appointment of the menteri besar will be decided by the sultan, who may use his judgment.
Aziz (left)
said going by the provision of the state constitution, which is similar
to the corresponding article under the federal constitution, the ruler
of a state has the discretion in picking the head of government in that
state.
He noted that in Terengganu, as with elsewhere in Malaysia and in the Commonwealth countries, the sultan can appoint a person who, in his personal judgment, has the most support in the House.
"Of course, in the normal circumstances, this is determined by the number of seats that particular state assembly has, as it is simple mathematics. However, a hung legislature has to be decided by the sultan, who I think may use his subjective judgment.
"If
the sultan is unsure, then I think he could dissolve the House so that a
fresh election could be held. This is to allow the people, instead of
he himself, to decide.
"From the point of the monarchy as the symbolof unity om the state and who must stand above party politics, that is perhaps the more advisable option," Aziz told Malaysiakini.
He said this when asked to comment on the possibility of a hung state assembly in Terengganu, should PAS win the Kuala Besut by-election.
Terengganu has an even number of 32 state seats - of which the BN won 17 in last month's general election, and PAS, 15.
Following the vacancy as a result of Dr A Rahman Mokhtar's death earlier this week, the state is placed in a precarious position of having a hung assembly should PAS win Kuala Besut in the by-election, which has to be called by Aug 27.
Although signs point that the opposition will face difficulty in winning Kuala Besut - which is seen as a BN and Umno stronghold - there could be a sudden change, as what happened in 1999 when PAS won Kuala Besut and most of the state seats to form the state government there.
'Dissolution best to avoid mistake'
Abdul Aziz said the federal constitution and the state constitution allows the ruler to dissolve the House without a request from the sitting government.
"I think this provision is there to take care of situations such as the one during a hung parliament.
"Although the constitution says the appointment is discretionary on the part of the sultan, this option has its own risk, on the possibility that he may make a mistake and be accused of being biased, partisan and the likes.
"Dissolving the House will save the sultan from those eventualities and the image of the monarchy - as the state figure - would be protected," said the former academician.
Several newspapers, since yesterday and today, have focused on the discretion of the sultan should such a situation arise.-malaysiakini
In a hung parliament, assed Aziz, a former professor lof law, the appointment of the menteri besar will be decided by the sultan, who may use his judgment.
Aziz (left)
said going by the provision of the state constitution, which is similar
to the corresponding article under the federal constitution, the ruler
of a state has the discretion in picking the head of government in that
state.He noted that in Terengganu, as with elsewhere in Malaysia and in the Commonwealth countries, the sultan can appoint a person who, in his personal judgment, has the most support in the House.
"Of course, in the normal circumstances, this is determined by the number of seats that particular state assembly has, as it is simple mathematics. However, a hung legislature has to be decided by the sultan, who I think may use his subjective judgment.
"If
the sultan is unsure, then I think he could dissolve the House so that a
fresh election could be held. This is to allow the people, instead of
he himself, to decide. "From the point of the monarchy as the symbolof unity om the state and who must stand above party politics, that is perhaps the more advisable option," Aziz told Malaysiakini.
He said this when asked to comment on the possibility of a hung state assembly in Terengganu, should PAS win the Kuala Besut by-election.
Terengganu has an even number of 32 state seats - of which the BN won 17 in last month's general election, and PAS, 15.
Following the vacancy as a result of Dr A Rahman Mokhtar's death earlier this week, the state is placed in a precarious position of having a hung assembly should PAS win Kuala Besut in the by-election, which has to be called by Aug 27.
Although signs point that the opposition will face difficulty in winning Kuala Besut - which is seen as a BN and Umno stronghold - there could be a sudden change, as what happened in 1999 when PAS won Kuala Besut and most of the state seats to form the state government there.
'Dissolution best to avoid mistake'
Abdul Aziz said the federal constitution and the state constitution allows the ruler to dissolve the House without a request from the sitting government.
"I think this provision is there to take care of situations such as the one during a hung parliament."Although the constitution says the appointment is discretionary on the part of the sultan, this option has its own risk, on the possibility that he may make a mistake and be accused of being biased, partisan and the likes.
"Dissolving the House will save the sultan from those eventualities and the image of the monarchy - as the state figure - would be protected," said the former academician.
Several newspapers, since yesterday and today, have focused on the discretion of the sultan should such a situation arise.-malaysiakini
Hung Terengganu assembly unlikely, say politicians...
Will a hung state assembly emerge in Terengganu with an upcoming by-election that has the possibility of splitting the 32-seat legislature down the middle?
Unlikely, according to feedback from politicians on both sides of the divide.
The death of Kuala Besut assemblyperson Dr A Rahman Mokhtar of the Barisan Nasional (BN) has forced a by-election in Terengganu where the ruling BN now has 16 of the 17 seats it won in the May 5 general election and Pakatan Rakyat has 15 (PAS 14 and PKR, one).
An opposition victory in the by-election, which has to be held before Aug 27, could split the seats 16-16.
It
is generally believed that this hung state assembly could result in a
fresh election being called, but politicians interviewed said this
should not necessarily be so.Terengganu MCA chief and former state executive councillor Toh Chin Yaw (right) told Bernama the casting vote by the speaker of the assembly, a post now held by Mohd Zubir Embong, would keep the BN in power in the state.
"The chair of any meeting has the casting vote. If voting is tied, under certain regulation, the chair (speaker) will exercise his casting vote," he said.
If the number of seats is tied at 16-16, the BN government would get that one majority from the speaker's casting vote.
PKR vice-president Tian Chua shared the opinion, saying that even if PAS managed to capture the Kuala Besut seat in the by-election and there was a tie at 16-16, a fresh election would not have to be called.
"Whether the speaker is an assemblyperson or not, the principle is that the chair has the casting vote when the situation is tied. The speaker will cast his vote and the BN will continue to rule," he told Bernama.
He said a change of government could only happen only if there were defections of assemblypersons from the ruling party.-malaysiakini
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