MB’s Consent Not Needed In State Secretary’s Appointment
The appointment of Selangor Islamic Religious Department (Jais) director Datuk Mohd Khusrin Munawi as the new state secretary is final and cannot be disputed.
The Sultan of Selangor’s private secretary, Datuk Mohamad Munir Bani, said there was no mention in the state constitution that the menteri besar must first be informed of the list of candidates for the post, nor that his consent was needed.
“This means that it is at the discretion of the Chief Secretary to the Government Tan Sri Mohd Sidek Hassan, as the Public Service Department head, to select qualified candidates and seek the consent of the sultan.
“There is no mention in the state constitution that there must be consent from the menteri besar for the appointment of a state secretary.” He added that the chief secretary to the government had the power to choose the state’s three top civil servants — the state legal adviser, the state financial officer and the state secretary — before seeking the sultan’s consent.
Munir also said the state government was late in sending its list of candidates for the state’s top civil servant post to the palace.
He said Menteri Besar Tan Sri Abdul Khalid Ibrahim submitted the names of three candidates in a letter dated Dec 7, but Sultan Sharafuddin Idris Shah gave his consent on the appointment of Khusrin on Dec 10, believed to be before the letter bearing the state’s recommendation, reached the palace.
On Khalid’s plan to seek an audience with Sultan Sharafuddin today, Munir said it would not be possible as the sultan was now on vacation and would return only on Jan 3.
Munir was commenting on the disputed appointment of Khusrin, who is said to be unpopular with the Pakatan Rakyat state government due to his rigid stance on several issues, which were viewed as directly opposing the state gover nment.
Khusrin, in his capacity as Jais director, had overseen the department’s action against former Perlis mufti Dr Mohd Asri Zainul Abidin for conducting religious teachings without proper authorisation despite strong support for the latter from many Pakatan leaders.
Jais, under Khusrin, had also been very vocal against Serdang member of parliament Teo Nie Ching for speaking in a surau.
Meanwhile, former menteri besar Datuk Seri Dr Mohamad Khir Toyo said according to Chapter 3 of Executive Power Article 52 of the state constitution 1959, the state secretary had to be appointed by the chief secretary to the government.
“The menteri besar has no power to appoint the state secretary. It is just that the newly elected state secretary has to take an oath before the menteri besar to safeguard state government secrets.”
Yesterday, it was reported that the state government claimed the appointment of a new state secretary had not yet been finalised, although Sidek had announced it.
It was also reported that Khalid was not officially informed of the appointments by Sidek.
Sidek, in a press statement, said Khusrin, 54, would take over from Datuk Ramli Mahmud, 56, on Saturday.
Ramli’s service ends on Friday.
The post of Jais director, vacated by Khusrin, will be filled by Sabak Bernam district officer Marzuki Hussin, 56, also on Saturday. Both appointments have received the consent of the Sultan of Selangor.
Meanwhile Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said Abdul Khalid has no right to reject the appointment of Mohd Khusrin as the new state secretary.
He said that there was not even a requirement to seek the menteri besar's approval in appointing the new state secretary, adding that the menteri besar was only informed of the appointment as a matter of courtesy.
"So the appointment of Khusrin as the new state secretary stands."
Nazri, who said that the appointment was "done properly", explained that the appointment of an officer for the post was previously done by the sultan.
"Since the constitution was amended, the appointment of all officers is done by the Public Service Commission.
"The commission then delegates it to a board consisting of the Chief Secretary to the Government, the Public Service Department's director-general and others in making the decision."
He said that this applied to states which previously formed the Federated Malay States, namely Selangor, Pahang, Negri Sembilan and Perak, so all public officers were federal officers.
Johor, Kedah, Perlis, Kelantan and Terengganu have their own respective state public service commissions.
"I understand that Khalid had submitted a list of candidates for the post to the sultan.
"However, even if the list is given to the commission, it is not obliged to appoint someone from the list since it is the commission that makes the decision."
Nazri said the menteri besar was not in a position to evaluate public officers, as it was not his responsibility to evaluate their performance.
"Only the commission will know (of their performance). It also wouldn't be fair if the menteri besar were to make the decision because you never know if he chooses someone because he is the menteri besar's favourite."
Meanwhile Pakatan Rakyat elected representatives want the Selangor government to ensure that Mohd Khusrin is not appointed as the new state secretary.
The Selangor Backbenchers Club will meet today to discuss the matter and it is believed its members will exert pressure on the state government to overturn Mohd Khusrin’s appointment.
According to a source, there is fear among the state’s Pakatan elected representatives that Mohd Khusrin is a tool “planted to topple the state government.”
“The state secretary is a very important figure in the state’s administration and he wields great influence over the state’s civil servants. He has the power to even orchestrate a mutiny if he wants to,” he added.
Taman Medan assemblyman Haniza Talha, who is also the deputy state assembly Speaker, said the group was not keen on Mohd Khusrin as he had a track record of undermining the state government.
Ampang MP Zuraida Kamarudin concurred and added that Mohd Khusrin should decline the appointment.
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