Discretion of the Selangor Sultan on appointment of the MB is flawed, says legal expert

The Selangor Sultan is bound by the Declaration of Constitutional Principles 1992 and it is pointless for him to ask for more names in the appointment of the menteri besar, a constitutional expert said today.

Dr Abdul Aziz Bari (left) said going by the Declaration of Constitutional Principles 1992, a set of guidelines for the rulers including clarifying the role of royalty in politics, Sultan Sharafuddin Idris Shah has to consent to the appointment of PKR president Datuk Seri Dr Wan Azizah Wan Ismail as Selangor menteri besar.

He said the declaration was in fact, just an affirmation on the part of the rulers to abide by the prevailing provisions of the Constitution, both at the federal and state levels.

The document was signed by six rulers, with the exception of Kelantan, Kedah and Johor.

"It is a document on the declaration of principles based on the federal and state constitutions, basically it affirms that they are truly Constitutional monarchs," Aziz Bari told the Malaysian Insider by phone today.

He added that the Selangor Sultan cannot turn his back on this undertaking and compel the political parties involved in the Selangor MB crisis to submit more names when there is a clear case of majority support for one candidate.

"The sultan cannot be asking for more names when 30 out of 56 assemblymen support PKR president Dr Wan Azizah. And so the Sultan is bound by law to appoint the nominated candidate who has the majority support."

He also said that the contention that the Sultan had discretion in the appointment of the MB was flawed.

On August 14, Dr Wan Azizah showed proof that 30 elected representatives were supportive of her to replace embattled menteri besar Tan Sri Khalid Ibrahim, who has been sacked from PKR.

The Selangor assembly comprises 56 members; 15 from DAP, 15 from PAS, 13 from PKR, 12 from Barisan Nasional, and Khalid as an independent representative.

Although Khalid tendered his resignation, the sultan has deferred his resignation until a new MB was appointed.

Sultan Sharafuddin gave PAS, DAP and PKR until September 3 to submit more than two names for the MB post.

PKR and DAP have submitted Dr Wan Azizah's name as the MB candidate while PAS had said it would submit more than one name.