Selangor Menteri Besar Khalid Ibrahim would discuss replacements for state exco member Hasan Ali during an audience with Selangor Sultan Sharafuddin Idris Shah on Friday.
In a statement late this evening, the menteri besar’s office said Khalid would also be presenting a list of nominees to replace Hasan.
According to the statement, the state legal advisor has been consulted over the matter and is of the opinion that the Sultan consent was not required for Hasan’s removal.
Royal consent is only required in the appointment of an exco member.
The statement by the menteri besar’s office is a follow up to Khalid’s (left) statements this morning when approached by reporters in Kuala Lumpur.
Earlier today, Khalid had told reporters in Kuala Lumpur that royal consent was not required to remove Hasan as an exco member.
A ‘gentleman’ would leave voluntarily
He was asked this in response to PAS’ shock decision yesterday to remove Hasan, who was once Selangor PAS’ leader.
He reiterated that if the PAS veteran is a “gentleman”, he should resign since he has lost the confidence and support of his own party.
“Hasan Ali as an exco representing PAS, will decide for himself whether or not he has got the support and confidence of PAS… (it will be) gentlemanly if he thinks he doesn’t have the support, he will resign.”
Hasan, who is the state Islamic affairs, Malay customs, infrastructure and public amenities committee chairperson, has been enjoying support from the sultan in his crusade against alleged proselytisation of Muslims by Christian groups.
His sacking and inevitable removal from the state cabinet may trigger another dispute between the Pakatan Rakyat-ruled state government and the sultan.
‘Constitution backs Khalid’
Meanwhile constitutional law expert Abdul Aziz Bari (below) says Khalid has the constitution on his side as it gives the cabinet ultimate power on the matter.
“Even though Hasan Ali is the exco for religion, he is a member of the cabinet that falls under the power of the MB, not the sultan,” he said in an email to Malaysiakini today.
The law don cited Article 43 of the federal constitution that stipulates this as a matter for the menteri besar or chief minister respectively to decide.
“The constitution is clear that in the appointment and removal of cabinet members – in both federal and state levels – the palace must follow (their) advice,” he said.
The vocal law expert added that in practice for a governing coalition, it was the component parties who actually decide.
“So Hasan Ali can be dropped by MB Khalid following PAS decision to sack (him).
“Retaining Hasan would make the notion of collective responsibility hard to work. In fact he should have been dismissed a long time ago for opposing the state government policies in public,” said Abdul Aziz.
Brought down over Anwar
In a shock announcement yesterday, PAS president Abdul Hadi Awang said the party central committee has decided to sackHasan, on the grounds that his actions had violated and caused problems for the party’s interests.
Khalid’s office followed confirming that a nominee for Hasan’s replacement as a state cabinet member would be submitted to the palace on Wednesday.
The disheartened Hasan blamed his sacking to hisrefusal to support opposition leader Anwar Ibrahim in the latter’s sodomy trial that he claimed was contrary to PAS’ stance.
Hasan has 30 days to appeal to PAS’ syura council, the party’s highest decision-maker.