This article was written with reference to Dominic Lee's write up titled, 'Dewan Rakyat Speaker—Putting the cart before the horse?'. This article will look at the sequence of events concerning the recent appointment of Datuk Azhar Azizan Harun and Dato Sri Azalina Othman as Speaker and Deputy Speaker of the Dewan Rakyat.
After meeting for a day on the 18th of May, Parliament has reconvened on the 13th of July 2020. One of the highlights on that eventful day was the removal of Tan Sri Dato' Mohamad Ariff Md Yusof (Tan Sri Ariff Yusof) as Speaker of the House of the Representatives (Dewan Rakyat).
Ariff Yusof was the Dewan Rakyat Speaker from July 2018 till July 2020. Image by Iluminasi.
If you did not manage to watch the live stream of the Parliamentary meeting, the motion to remove Ariff Yusof as Speaker was introduced by Prime Minister Tan Sri Muhyiddin Yassin. Their candidate to replace Tan Sri Ariff Yusof as Speaker was former Chairman of the Election Commission, Azhar bin Azizan @ Harun (commonly known as Art Harun).
After the motion was approved, the House went into a vote. The former Speaker was removed by a vote of 111 Members of Parliament (MPs) who voted for and 109 MPs who were against the removal. Those that did not vote were Maximus Ongkili and Rashid Hasnon who was in the Speaker's Chair (Rashid is one of the Dewan Rakyat's Deputy Speaker). [1]
After Tan Sri Ariff Yusoff's removal, Art Harun took his oath and was installed as the New Speaker without a vote. This was accompanied by shoutings from various MPs in the Dewan Rakyat.
Why Is This A Big Deal?
As explained by Tan Sri Ariff Yusof, the norm for countries that follow a Westminster system is to nominate a new Speaker when a new Parliamentary term starts. Usually, this is after a general election. Since Malaysia is a former British colony, it has adopted the Westminster system.
Here, Tan Sri was removed before the parliamentary term ended. He explained in a press conference at Parliament held moments after he was removed as the Speaker:
‘Never once, in the 800-year-history of the United Kingdom's House of Commons, was a House Speaker removed before a parliamentary term ended. What has happened today is something extraordinary because I don’t know of any other country that had replaced their Speaker – except for Trinidad and Tobago. Other than, there aren’t any other examples’. [2]
Wait, for real? Image by Tenor.
The Speaker in Trinidad and Tabago was removed due to allegations of the Speaker being involved in corruption. [3] His removal has set a world precedent for other countries to follow - but he is unsure if it is a good precedent [4].
Image by Tenor.
Before we jump the gun, let us take a look at the laws surrounding these events. Firstly:
How is a Speaker Removed?
Following the New Strait Times, Datuk Takiyuddin Hassan Minister in the Prime Minister’s Department said the Prime Minister’s motion was in line with Article 57(2)(c) of the Federal Constitution. [5]
Article 57(2)(c) reads as follows:
On a plain reading, the Dewan Rakyat may remove the Speaker at any time. This view is supported by Dominic and Daniel Abishegam, a law lecturer at Advance Tertiary College. The majority vote in the Dewan Rakyat simply shows the House's resolve to remove Tan Sri Ariff Yusoff as Speaker.
This equally applies to the Deputy Speaker of the Dewan Rakyat. However, former Deputy Speaker Nga Kor Ming voluntarily resigned from his post as a sign of solidarity with Ariff Yusof’s removal as Speaker. This was done ahead of the motion for his removal. [6] Following Article 57(2A), Kor Ming is allowed to tender his resignation at any time.
Kor Ming showed proof of his resignation at a press conference in Parliament on the 13th of July 2020. Image by Free Malaysia Today.
Now, let us look at the way the provision was drafted. The phrase ‘any time’ has been used repeatedly. As explained by Dominic, neither does the Federal Constitution nor Standing Orders provide for the types of circumstances in which a Speaker can be removed during a parliamentary term. [6]
This is excluding a situation in which the Dewan Rakyat Speaker ends his term in an ordinary way. This is provided by Article 57(2)(a) to (57)(2)(bb) of the Federal Constitution. These include cases where:
a new Parliamentary term has started and the House meets for the first time after a general election. [7]
the Speaker is disqualified for being in office for profit. [8]
the Speaker ceases to become a member of the House (where the Speaker dies while in office, he is not an MP or Parliament dissolves for elections). [9]
Since the Federal Constitution does not provide any guide to the recent novel situation in Parliament, the best place to look at are Parliamentary Conventions (in laymen terms, Parliamentary Practices). Given the nature of Article 57(2), a Speaker is usually elected for a term that the Dewan Rakyat has elected him. This is notwithstanding any serious misconduct which will deter the confidence of the Dewan Rakyat in the Speaker.
Considering the character of Tan Sri Ariff, many MPs have argued that there is no reason to remove Tan Sri as Speaker. Furthermore, he also has no allegations of any misconduct during his tenure. [10]
So the big question is:
Image by Tenor.
Our next best guess is that the removal of Tan Sri Ariff Yusoff was a political agenda by the Perikatan Nasional (PN) Government. Here, Dominic pointed out several reasons as to why the removal of Tan Sri as Speaker was a political move by the PN Government [11]. To summarise his points:
The PN Government has replaced Pakatan Harapan’s (PH) appointees to top positions of Government-Linked Companies [12] and Government Agencies [13].
It was only a matter of time before the Speaker would be changed.
The Speaker is also a powerful figure. He chairs the debate in Parliament and has the power to control the flow of the debate. In the past, there were Speakers who prohibited discussions on certain issues. For instance, previous Speaker, Tan Sri Pandikar Amin Mulia has consistently rejected questions pertaining to the 1MDB scandal. [14]
Like literally, are we really that surprised? (Image by Tenor)
To add on, the reason given by Prime Minister Tan Sri Muhyiddin Yassin while putting forward his motion was that the Speaker (Tan Sri Ariff Yusof) had to vacate his position because there was another candidate for the position [15].
More so, the PN Government have filed in their motion to replace Tan Sri Ariff Yusof and Nga Kor Ming with Art Harun and Azalina Othman as Speaker and Deputy Speaker of the Dewan Rakyat on the 26th of June [16], 17 days before Parliament convened. (Keep the date in mind as this will be important for the 2nd part of the story)
Malaysians reading this now be like: (Image by Giphy)
Therefore, it is clear that the Executive is interfering with the works of Parliament. This violates the principle of Separation of Powers in which the Judiciary, Executive and Legislature (Parliament) are to be independent of each other. Aside from the legality of removing the Speaker, one must question the timing and motive behind these events.
I agree with Dominic when he says that this event has fuelled the popular perception that ‘Parliament is a rubber stamp for the decisions of the executive’[17]. If Parliament is unable to function as intended, the Opposition cannot effectively scrutinise important decisions that are being made by the Government. It will also delay key laws and amendments that need to be passed or repealed. Ultimately, the death of Parliament and Parliamentary democracy would be problematic to the Rakyat.
How is a New Speaker Elected?
The law pertaining to the election of a new Speaker (Yang di-Pertua) is found in Order 3 and 4 of the Standing Orders. Order 6 provides for the procedure to elect a new Deputy Speaker (Timbalan Yang-di Pertua).
Here is a simple breakdown of what these Standing Orders are about:
Order 3 provides that when there is a vacancy in the office of Yang di-Pertua, the House will proceed to elect a new Speaker.
Order 4(1) provides that an MP shall notify the Setiausaha (Secretary) a proposal of his/her nominated candidate at least 14 days before the meeting in Parliament.
Order 4(3) provides if there is only one named candidate, they shall be elected as the new Speaker of House without a vote.
Order 6(2) provides that the procedure to elect a new Deputy Speaker is similar to how a new Speaker is elected.
Here is where things get interesting. Firstly, let us take a look at the Government's argument.
Government's Version of Events
At the time when the Speaker was removed, there was only one named candidate (Art Harun). More so, Datuk Takiyuddin Hassan who is the Minister in the Prime Minister's Department in his speech said this during the debate of the removal of Tan Sri Ariff Yusof as Speaker:
"The motion fulfills the prerequisites; firstly, it was done in accordance with the Dewan Rakyat Standing Order 4(1) which states that the candidate to be nominated as the Speaker must be willing to serve and that a 14-day motion is submitted prior to the (Dewan Rakyat) meeting, and not vacancy of the post." [18]
The candidate he mentioned was Art Harun who had tender his resignation as the Chairman of the Election Commission on the 29th of June 2020 [19], 14 days before Parliament convened on the 13th of July 2020.
As mentioned earlier in the article, the PN Government had already named their candidates and filed in their motion on the 26th of June [20]. They argue that this motion was done well within the 14 days deadline. On the other hand, the Opposition has not named any candidates.
From left to right: Tan Sri Ariff Yusof, Nga Kor Ming, Art Harun, Azalina Othman
Opposition's Argument
The Opposition argument is simple. For a new Speaker to be elected, there needs to be a vacancy in the Speaker's Office. Given the fact that the Opposition was NOT notified of the motion submitted by the Government, they did not nominate any candidate. This is explained by Gobind Singh Deo, the Puchong MP as seen in the video below:
I would like to emphasis this phrase by Gobind Singh:
Jadi, Tuan Yang di-Pertua, Pencalanon itu tidak boleh dikemukakan melainkan ada kekosongan. Jadi dalam keadaan tersebut, kita sebagai pembangkang di sini hendak tahu di manakah kekosongan itu? Kalau tidak ada kekosongan, maka pencalonan tidak boleh dibuat! Dan kalau ada kekosongan Tuan Speaker, notis perlu diberikan kepada semua ahli YB berkenaan kekosongan supaya kita juga boleh cadangkan supaya calon kita diangkat! Inilah adalah prosedur yang sangat 'basic'!
So you can imagine how surprised the Opposition MP was when Art Harun was installed as the new Speaker without a vote.
Image by Pinterest.
In my opinion, the core issue with regard to the election of the new Speaker and Deputy Speaker is one of notice. This is clearly seen in Gobind Singh's speech. I will also like to emphasise the sequence in which the Standing Orders were drafted.
Firstly, Order 3 provides that the House will elect a new Speaker when there is a vacancy in the Speaker's Office.
Only then Order 4(1) and 4(3) comes into play. Here, the Government and Opposition will nominate their candidates 14 days before Parliament convenes. If there is only one named candidate, he/she will be elected as the new Speaker without a vote (no questions asked).
As we can see, there was no vacancy when the Prime Minister sent in his nomination for Tan Sri Ariff Yusof's replacement. Arguably, the Opposition was only notified of such vacancy when Tan Sri was removed from Office - hence time should have run from the time Tan Sri Ariff Yusof was removed as Speaker. This would have given both sides ample time to discuss and nominate their best candidate for the vacant position.
However, Art Harun raised the following points at a press conference in Parliament moments after he was elected as Speaker as seen in the video below:
The decision to name Art Harun and Azalina as replacements for Tan Sri Ariff Yusoff and Nga Kor Ming were reported in the news before Parliament convened.
Order 4(1) does not state that the nominations cannot be made before the seats are vacant.
Any MPs who wish to nominate their own candidate for the position of Speaker and Deputy Speaker can do so by way of a notice to the Secretary of the Dewan Rakyat 14 days before Parliament meets. According to Art Harun, they have notified the Secretary within the 14 days period.
Order 4(3) and 6(2) allowed for Art Harun and Azalina to be elected as Speaker and Deputy Speaker without a vote because they were the only named candidates for their respective positions.
Yes, you heard it right from the man himself. (Image by Giphy)
Unfortunately, the Federal Constitution and Standing Orders do not expressly provide for the need to notify MPs of a vacant seat in the Speaker's Office. By nominating a candidate prior to the vacancy in the Speaker's Office, it can be described as a tactical move to catch the Opposition by surprise.
The interpretation given by Art Harun isn't wrong per se, but his interpretation disturbs the context or 'spirit' in which the Standing Orders should have been interpreted. Personally, just because an interpretation is right does not mean it is the most morally sound decision to make. Albeit legal, this move will have an impact on the Rakyat's confidence in the Legislature and lawmakers.
Another one bites the dust. (Image by Giphy)
Conclusion
Hence, that is the story of how Art Harun and Azalina Othman were elected as Speaker and Deputy Vote of the Dewan Rakyat without a vote. I remembered how surprised I was when I watched the proceedings. Like Dominic, I agree that the Opposition should be given enough time to nominate their own candidates. [21]
In fact, many of the Opposition MPs have voiced their dissatisfaction over Art Harun’s appointment as the new Speaker. Tony Pua, the Damansara MP left Parliament on the day Art Harun was appointed as Speaker.
Hannah Yeoh, Segambut MP voiced her opinion on Art Harun's latest appointment as Speaker on Twitter:
I will end this article with a quote by Tan Sri Ariff Yusof, former Speaker of the Dewan Rakyat:
A Speaker is appointed by the House, and so he doesn't speak for the government. If he becomes a Speaker for the government, then he is not a proper Speaker. [22]
References:
Minderjeet Kaur, 'Motion to remove speaker Ariff passed by narrow vote' https://www.freemalaysiatoday.com/category/nation/2020/07/13/motion-to-remove-ariff-passed-by-narrow-vote/ accessed 20th July 2020.
Arfa Yunus, 'Ariff: My removal as Dewan Rakyat Speaker set a world precedent' https://www.nst.com.my/news/politics/2020/07/608254/ariff-my-removal-dewan-rakyat-speaker-set-world-precedent accessed 20th July 2020.
Tony Fraser, 'Trinidad State Of Emergency Lifted, Speaker Freed' https://apnews.com/d0dbf7bd6189e2cb11708c71b53e6e54 accessed 20th July 2020.
Arfa Yunus, 'Ariff: My removal as Dewan Rakyat Speaker set a world precedent' https://www.nst.com.my/news/politics/2020/07/608254/ariff-my-removal-dewan-rakyat-speaker-set-world-precedent accessed 20th July 2020.
Arfa Yunus, Nuradzimmah Daim, 'Dewan Rakyat Speaker removed' https://www.nst.com.my/news/nation/2020/07/608210/dewan-rakyat-speaker-removed accessed 20th July 2020.
Dominic Lee, 'Dewan Rakyat Speaker—Putting the cart before the horse?' https://dominicleewe.wordpress.com/2020/07/16/putting-the-cart-before-the-horse/?fbclid=IwAR2pn1efzt6laGEq2rQsOxAXjllPC7OQ_KWrgKWldCSgaENjcbw8w0SNPZw accessed 20th July 2020.
Article 57(2)(a), Federal Constitution.
Article 57(2)(b), Federal Constitution.
Article 57(2)(bb), Federal Constitution.
Daniel Abishegam, 'Who will defend our parliament?' https://www.malaymail.com/news/what-you-think/2020/06/28/who-will-defend-our-parliament-daniel-abishegam/1879474?fbclid=IwAR0ZhXFSl3pr4LXz3VWsk1r33u6oVnpeyDAeHxuxtljrP3DVmFpAgOPukk0 accessed 20th July 2020.
Dominic Lee, 'Dewan Rakyat Speaker—Putting the cart before the horse?' https://dominicleewe.wordpress.com/2020/07/16/putting-the-cart-before-the-horse/?fbclid=IwAR2pn1efzt6laGEq2rQsOxAXjllPC7OQ_KWrgKWldCSgaENjcbw8w0SNPZw accessed 20th July 2020.
Khairil Anwar, 'Lantikan politik dalam GLC bukti kerajaan PN lebih teruk daripada BN' https://www.sinarharian.com.my/article/78789/BERITA/Politik/Lantikan-politik-dalam-GLC-bukti-kerajaan-PN-lebih-teruk-daripada-BN accessed 20th July 2020.
Jose Barrock, 'Politicians back to chairing government agencies' https://www.theedgemarkets.com/article/politicians-back-chairing-government-agencies accessed 20th July 2020.
Steven Sim, 'What a strange week in Parliament' https://www.malaysiakini.com/news/418016 accessed 20th June 2020.
Ahmad Naqib Idris, 'Ruling party removes Speaker by a margin of two votes' https://www.theedgemarkets.com/article/motion-passed-111-mps-vote-removal-speaker accessed 20th July 2020.
Martin Carvalho, Rahimy Rahim, 'Motion to appoint Art Harun as new Dewan Rakyat Speaker will be tabled July 13, says current Speaker' https://www.thestar.com.my/news/nation/2020/07/06/motion-to-appoint-former-ec-chairman-art-harun-as-new-dewan-rakyat-speaker-will-be-tabled-july-13-says-current-speaker accessed 21st July 2020.
Dominic Lee, 'Dewan Rakyat Speaker—Putting the cart before the horse?' https://dominicleewe.wordpress.com/2020/07/16/putting-the-cart-before-the-horse/?fbclid=IwAR2pn1efzt6laGEq2rQsOxAXjllPC7OQ_KWrgKWldCSgaENjcbw8w0SNPZw accessed 20th July 2020.
Arfa Yunus, Nuradzimmah Daim, 'Dewan Rakyat Speaker removed' https://www.nst.com.my/news/nation/2020/07/608210/dewan-rakyat-speaker-removed accessed 21st July 2020.
Justin Ong, 'Report: Art Harun quits as EC chief, nominated to be Parliament Speaker' https://www.malaymail.com/news/malaysia/2020/06/30/report-ec-chief-art-harun-nominated-as-parliament-speaker-sources-claim/1880039 accessed 21st July 2020.
Arfa Yunus, Nuradzimmah Daim, 'Dewan Rakyat Speaker removed' https://www.nst.com.my/news/nation/2020/07/608210/dewan-rakyat-speaker-removed accessed 20th July 2020.
Dominic Lee, 'Dewan Rakyat Speaker—Putting the cart before the horse?' https://dominicleewe.wordpress.com/2020/07/16/putting-the-cart-before-the-horse/?fbclid=IwAR2pn1efzt6laGEq2rQsOxAXjllPC7OQ_KWrgKWldCSgaENjcbw8w0SNPZw accessed 20th July 2020.
Arfa Yunus, 'Ariff: My removal as Dewan Rakyat Speaker set a world precedent' https://www.nst.com.my/news/politics/2020/07/608254/ariff-my-removal-dewan-rakyat-speaker-set-world-precedent accessed 20th July 2020.
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