Full statement of Selangor Sultan's private secretary
Appointment of Selangor secretary News 2011-01-05 11:50
The following is a translation of the full press statement from the Selangor Sultan's private secretary, Datuk Mohamad Munir Bani:
This press statement is issued to clarify the actual situation arising from the appointment of the new Selangor State Secretary.
The Selangor State Secretary will take the oath of loyalty to the Sultan as scheduled on Thursday, January 6, 2011, at Istana Bukit Kayangan. This is because the Sultan understands that the new State Secretary, Datuk Haji Mohamed Khusrin Haji Munawi, was appointed according to the procedure laid down in line with Clauses (1) and 2(a) and Article 52 of the Selangor Constitutional Law 1959.
On this occasion, state honours will be conferred on the Raja Muda of Selangor in conjunction with the 65th birthday of the Sultan which fell on December 11 2020, when the Raja Muda was overseas.
Apart from that, the oath of loyalty will be taken by the State Secretary and the Director of the Selangor Islamic Affairs Department, members of the Royal Council and Justices of the Peace will be appointed and sworn in, and members of the Selangor Islamic Affairs Council and the Chief Registrar of the Selangor Syariah Court of Appeal will be appointed. All this will take place on one occasion to save time
The function is not to appoint the new State Secretary but for him to take the oath of loyalty to the Sultan and of loyal and dedicated service to Selangor.
The new State Secretary, following his appointment in accordance with Clauses (3) and (4) of Article 52 of the Selangor Constitutional Law 1959, should have the right to take part in the proceedings of the State Executive Council and State Assembly after taking and signing the oath of secrecy before the Menteri Besar.
Reference is now made to the statement of Seri Muda State Assemblyman Shuhaimi Haji Shafiei on his website on December 30 2010.
Be informed that the appointment of the State Secretary is not governed by Clauses (1) and (1A0 of Article 55 of the Selangor Constitutional Law 1959 as he stated because his Highness only gives his consent and does not execute his functions and power under the Selangor Constitutional Law. His assent is not governed by Clauses (1) and (1A) of the Selangor Constitutional Law 1959, Article 55(1)(1A). Therefore his sarcastic remark that the Sultan "beraja di mata, bersultan di hati" -- that he acts according to his whims and fancy -- is extreme and can confuse the people. His statement may be regarded as an attempt to warn the Sultan and influence the people to hate his Highness.
Now a comment on the article in Sinar Harian on Dec 29 2010 by Kampung Tunku State Assemblyman Lau Weng San saying that the State Secretary can be appointed by the State Civil Service Commission. Although there are public service commissions in other states which can appoint the state secretary, the power to make such an appointment in Selangor is exercised by the federal Public Service Commission in line with the Selangor Constitutional Law 1959.
As for the press statement of the Menteri Besar on January 21 2011 that the Sultan was of the view that he did not have the power to accept or reject candidates suggested by the Public Service Commission, it is inaccurate. What actually happened was that the names of candidates for the post of State Secretary were presented by the Public Services Department on behalf of the commission to the Sultan as befitting his position as Head of State. His Highness assented to the appointment of one of them. The candidate was agreed to by the federal Public Service Commission by letter issued by the Public Services Department and appointed according to Clauses (1) and 2(a) of the Selangor Constitutional Law 1959. This is the convention in Selangor
On the suggestion of the Menteri Besar to hold discussions with the Public Service Commission or Public Service Department, the Sultan had actually told the Menteri Besar that he should have held talks before the list of candidates was presented to the Sultan and not after one of them had been approved and subsequently appointed . The move by the Menteri Besar to discuss and choose other candidates with the PSC or PSD after a candidate had been appointed is not appropriate because it can lower the morale and credibility of the person already appointed and create a bad atmosphere in the Selangor civil service.
On the suggestion that the state constitution be amended to give back to the Sultan the power of appointing the State Secretary, His Highness commands that the proposed amendments be presented to him first for approval.