Tuesday, May 19, 2009

Very wrong to suspend ADUNs/MPs - revoke the suspoension order of Khir Toyo & 3 Ors..

No Member of Parliament(MP) or Ahli Dewan Undangan Negeri(ADUN) should be suspended...

Why?
Because these are the people's elected representative, and the act for suspending them from the House is an anti-people action - it deprives these people their right to be represented, their right to be heard, their right to participate..

We have all condemned strongly the suspension of certain opposition personalities in the past, when it was done by the BN - but today Pakatan Rakyat seems to be WORSE because their suspension is not merely some token 1-day suspension but suspension for long periods..

It started in Perak with the Pakatan Rakyat Speaker suspending ADUNs for of up to 18 months for one (and 12 months for some other ADUNs)...

Then, we had a 'retaliation' of sorts with Gobind being suspended by a BN-majority Parliament for

Now, Selangor is doing the the same...and this 'anti-people' and undemocratic action must be condemned in the strongest terms...

Soon, we may find the BN also doing the same - maybe suspending all 7o over Members of Parliament(MPs) - and that will be OK...will it? I think not.

No duly elected people's representative must be prevented from carrying out all of his duties and functions - and the most important of this is to attend the sitting of the Dewan Rakyat/State Assembly as apeople's representative - to voice out opinions, to debate, to vote on motions and Bills.

A deprivation of this right and privilege accorded to a people's representative by a Speaker...or some Parliamentary/State Assembly Committee or even the full Dewan/Assembly is wrong...and certainly against the principles of democracy..

See also earlier related post:- The power to suspend MP/ADUNs must be removed, and Judicial Review must be made available

The Selangor assembly's powerful rights and privileges committee has suspended state opposition leader and former menteri besar Dr Mohd Khir Toyo for 12 months from the House.
MCPX

khir toyo and selangor state assemblyThe decision follows the Umno leader's absence from the Balkis inquiry in March and for criticising the Selangor Select Committee on Competence, Accountability and Transparency (Selcat) in his blog.

The privileges committee also called for the suspension of Barisan Nasional assemblypersons Warno DogolIsa Abdul Kasim (Batang Kali), Marsum Paing (Dengkil) and Mohamad Idris Abu Bakar (Hulu Bernam) for six months for questioning the integrity of Selcat...

State assembly speaker and committee chairperson Teng Chang Khim announced the decision after chairing the privileges committee meeting in Shah Alalm to discuss the matter.

State assembly speaker and committee chairperson Teng Chang Khim announced the decision after chairing the privileges committee meeting in Shah Alalm to discuss the matter.

selangor privilleges commitee meeting on allegation against khir toyo 120509 03"Khir is found guilty of contempt of the House in refusing to attend the Selcat hearing, and is suspended from the assembly for 12 months and his allowances would also be frozen during the period.

"However, the decision would have to be tabled at the Selangor state assembly sitting scheduled in July for it to be adopted. This includes the suspension of the four other assemblypersons," he said
- Malaysiakini, 19/5/2009, Khir Toyo suspended one year
What other wrongs have been done?

Suspending the allowances of a Wakil Rakyat is also very wrong. Remember not all MPs/ADUNs have got other sources of income...from businesses, law firms, etc. Some of these MPs/ADUNs depend only on their allowances as wakil rakyat - and it is this money that is used to pay the rent of service centres, pay their support staff, etc... and when you suspend or deprive a ADUN/MP of his allowance, it is really very very wrong...

Teresa Kok, when she was MP of Seputeh used what she received as an MP to maintain her staff and her service centre - and she was a good MP, as she was not distracted by other business or professional work. We want MPs/ADUNs to be such totally dedicated to being a 'wakil rakyat'...

I strongly urge the Selangor Speaker, Selangor Select Committee on Competence, Accountability and Transparency (Selcat), and the Selangor Pakatan Rakyat to immediately revoke that suspension orders.

There must be other means of 'punishing' - maybe a reprimand ...a strong reprimand would suffice. Even, if there is to be suspension, it should be something very rarely used, and it should only be suspension for not more than until the next rising of the sun...

Maybe, using that
Contempt of the House (Selangor Legislative Assembly) Enactment 2008 could be used. I have not seen that Enactment, and hoped that it has a very narrow and clear definition on the meaning of 'contempt'. The Enactment should apply to a person who failed to attend Select Committee hearings, on being summoned., etc ..but it never be too wide or vague, for that will be too open to possible abuse...

Respect the people - respect their representative and the duties that the rep has to perform for and on behalf of his/her constituents...

We appreciate all the difficulties that Pakatan Rakyat State governments may be facing with the many 'interferences' from the BN State government...by the refusal of BN Federal Government to duly channel required funds through the legitimate State Government rather than through other 'proxies' (like the BN MPs/ADUNs/BN JKKKs/BN Party Offices/ etc...) but Pakatan Rakyat has to be different...and struggle on always doing the right thing.

And for me, suspending wakil rakyat is very wrong...

REVOKE immediately all suspension orders...








9 comments:

Bangsa Cina Malaysia said...

i agree with you on this ...

Bentoh said...

I'm to the contrary, see no wrong in such suspension...

Remember they are still enjoying the privilleges, including all the monthly allowances being an ADUN...

And what use if SELCAT could not even call for a someone to attend its hearing? The assembly and Selangor law had given the assembly power to call for its members and even office holders to attend the committees hearing...

In cases like DAP Sarawak ADUN YB Wong Ho Leng, or even speaker Teng Chang Khim himself when he was opposition ADUN Selangor, they attended the hearing, which is all lop-sided and procedurally incorrect, and was then suspended through an assembly majority vote...

What about Khir Toyo then? Did they even attend the hearing? Hello? If a court calls for your presence, and you failed to do so, it is considered a contempt of court... So what about an assembly, which is equivalent to a court in the doctrine of separation of power? Huh?

kenny said...

No way. This is a recalcitrant BN ogre. He should be shot.

donplaypuks® said...

CH

I say poppycock! You are living in a dream world.

In the USA e.g. if a Senator or Congressman is subpoenaed and fails to appear before a Senate or Congressional hearing, he can be fined,suspended or imprisoned. This is the common practice in all elected democracies.

Make no mistake. Toyo was legally bound to appear before the SELCAT committee hearings and abstained based on poor advice from his lawyers.

No one should take lightly a summons from a legally constituted State Inquiry. And Toyo has been justly punished after being given a fair opportunity to explain his boorish conduct.

And don't link it with what transpired in the Perak State Assembly. The issues are not the same!!
http://donplaypuks.blogspot.com

Old Fart said...

Agree. They are indeed the people's representative voted by the people. Well, so they tell me. And so do you.

Looking at Khir Toyo, however, has he been using that "representative" position to represent the people or represent himself and his party?

Fi-sha said...

Dear Mr Charles Hector

I dont agree with you because the tempe guy had abused the state's funds and failed to clear his name when he was given the opportunity. He should be charged under CBT and suffer imprisonment.

YB Gobind Singh Deo was suspended for raising an issue of national interest, the tempe guy was suspended for issues that are related to his self interest. No right minded people should stand behind this tempe guy. It is a total disgrace that he is elected by the poor people.

It is also a good reminder to all ADUNs to buck up and truly being the people's representative. Thats the price to pay if you did not take your responsibility and accountability fully.

Plus, what issues of his people has he brought to the attention of the state assembly?

Thank you for allowing me to disgaree. Cheerio!

caravanserai said...

MPs and Aduns
The rules apply
Nobody is exempted
For the order of the Assembly

Proper conducts and procedures
The committee gathered and dispensed justice
Fair chances allow for them to participate
To rebuke and challenge the charges

When one fails to appear
When one refuses to stand to defend it
Then the person has no moral right to represent
The voters who elected him
He has failed in his duty
Even before the Committee suspends him

“Spare the rod spoil the child”
The basic root yet adults forget
Even MPs and Aduns shouldn't hide
When they are called
They must appear to defend the charges
Showing no respect calling themselves leaders
They fail the voters for running away

When elected MPs and Aduns fail to discharge duties
They have already forgotten the voters who elected them
Don't be like “Teh Kim Poh cancelled funding for Pandamaran”
When he lost in his election bid in March 2008
It was for his personal interests nothing to do with his voters
Lucky for Pandamaran folks he was voted out soonest

The Toyol deserves his punishment
Too many alleged charges yet MACC dragging feet
We want the big fishes in the net too
If we don't change the Federal Government
We will not see changes in the country

For Toyol it is only in State Assembly
He will not feel any thing
He has money and properties
So he can go holidaying

Charles Hector said...

I reiterate that I am Charles Hector, and am not the Klang MP, Charles Santiago.

I am and have been a human rights advocate/activist since my university days in the early 1980s.

In 1987, I was in the action committee that campaigned for the release of those detained under the ISA in Operasi Lallang (Malaysia), and also Operation Spectrum (Singapore)

Became a lawyer in 1996, and was involved actively in Human Rights and Legal Aid. Was also one of those 'Reformasi Lawyers'. Also was a Bar Council member for a year.

At all times, my commitment and mission was to make this world a better place - where there will be more Human Rights, Justice and Equality...

Tungsten said...

Mr. Charles,
I dont think you know what you are talking about.Maybe the subject is beyond your grasp.What Khir has done not only deserves suspension but imprisonment for swindling alot of the rakyat'sa money. Please refrain from any comment if you are not familiar with the subject