TERENGGANU MB CRISIS: Sultan has discretionary powers to appoint MB: Ex-Bar president - NST

KUALA LUMPUR, Mon:

Former Bar Council president Sulaiman Abdullah said the ruler of a state may act in his discretion to appoint a Mentri Besar, pointing to Section 1 (2) (a) in the Eighth Schedule of the Federal Constitution.

The section stipulates that the ruler shall first appoint as Mentri Besar to preside over the executive council a member of the legislative assembly who in his judgment is likely to command the confidence of the majority of the members of the assembly

“The ruler has the discretion and it is his judgment,” the constitutional expert said. “The constitutional theory is the legislative assembly is made up of individual members. The ruler has to look at these diverse members and decide who would command the confidence of the majority.”

Commenting on the controversial appointment of the Terengganu Mentri Besar, Sulaiman argued that the constitution requires him to exercise discretion according to his judgment and he has done so.

“If the Ruler has made the wrong choice, the test is the first meeting of the legislative assembly when a vote of no-confidence could be passed,” he said. “If that happens, the Mentri Besar either resigns or advises the ruler to dissolve the legislative assembly.”

Sulaiman said the ruler also had the discretion to withhold consent for a request to dissolve the assembly.

[From http://www.nst.com.my/Current_News/NST/Monday/NewsBreak/20080324222233/Article/Article/index_html]