KUALA LUMPUR (Feb 23): The sacking of two Penang PKR assemblymen from state agencies is constitutional, but it is up to the people to give their verdict in the next general election, a law expert says.
Dr Abdul Aziz Bari said that was the essence of collective responsibility which stood at the very heart of parliamentary system of the government.
"Constitutionally, sacking party member who does not toe the party line is within the bounds of the law," he told The Malaysian Insider.
He said the federal Cabinet and state executive council were under the prerogative of the head of government, which in Malaysia was either the prime minister, menteri besar or chief minister.
"That is why one could say the constitution is on Lim Guan Eng's side on the sacking of PKR members in Penang government-linked companies."
He said this in response to PKR's criticism against Lim for firing Kebun Bunga assemblyman Cheah Kah Peng and Bukit Tengah assemblyman Ong Chin Wen from the boards of the Penang Hill Corporation, and investPenang and Island Golf Properties Bhd, respectively.
Island Golf is a subsidiary of state investment arm Penang Development Corporation. Lim is chairman of all the agencies.
Yesterday, Penang PKR Youth described Lim's action as “immature, autocratic and unfair”.
Today, Kedah PKR Youth vice-chief Mohd Aziz Sukri Mad Amin also slammed Lim, calling the move “vengeance politics”.
Aziz Sukri also told Lim not to behave like Prime Minister Datuk Seri Najib Razak, citing the recent removal of Datuk Seri Mukhriz Mahathir as Kedah menteri besar.
Aziz said that in this particular case, the PKR assemblymen had broken ranks when the state government had to face Umno in the assembly over the land reclamation issue.
The duo were among five PKR assemblymen who abstained from voting against a Barisan Nasional (BN) motion on land reclamation during the state legislative assembly last November.
Selangor Menteri Besar Datuk Seri Mohamed Azmin Ali had earlier criticised Lim for removing the two PKR assemblymen, saying the duo were merely carrying out their duties as state-elected representatives.
"It appears that Lim is right on both law and moral issues," said Aziz, who is now a DAP member.
He added that in Selangor, Azmin could argue that it was within his prerogative to refuse the appointment to local governments.
Azmin was said to have refused to accept Aziz and Razak Ismail, both former PKR members, as members of the local councils.
"As the practice, be it within Barisan Nasional or Pakatan, the coalition government never refused nomination from another coalition partners.
"In both federal Cabinet and state executive council, the norm is that the coalition head will accept whatever the decision of the partners, be it nomination or sacking."
The controversy in the state legislative assembly months ago had sent Lim on a tirade, criticising the five PKR reps for failing to toe the line when it came to vote against the BN motion.
On whether he would take action against the other three – Batu Uban rep Dr T. Jeyabalan, Penanti rep Dr Norlela Ariffin and Machang Bubuk rep Lee Khai Loon – Lim said he did not want to take unnecessary action.