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Saturday, July 04, 2020

Malaysian Parliament has Non-Westminster Procedure in selecting Speaker

Star Online:

Candidate for Parliament Speaker identified



KUALA LUMPUR: The candidate to be appointed as the new Dewan Rakyat Speaker has been identified, says Gabungan Parti Sarawak (GPS) parliamentary chief whip Datuk Seri Fadillah Yusof (pic).

Without giving a name, Fadillah said the candidate was not a Member of Parliament.

Asked whether the candidate is a Sarawakian, he just smiled.

“I’m not naming anyone but what’s for sure is that the candidate is well qualified and a Malaysian,” he told reporters after presenting Completion Contractor Certificates to 39 recipients here yesterday.

Last Sunday, Tan Sri Mohamad Ariff Md Yusof confirmed that he had received a termination motion as Dewan Rakyat Speaker. He said there was also a motion to terminate his deputy Nga Kor Ming.

WTF - it seems there was an amendment that allowed non-MP to become House Speakers. I can guess when and under whom did this nonsense came in (no doubt during the time I was in Australia - wakakaka).

Under the proper Westminster parliamentary system (as practised by UK and Australia) the House Speaker must be elected from the pool of MPs (not House of Lords or Senate). How the eff can a non-elected person become the most powerful person in parliament?

The proper procedures towards electing the Lower House (Dewan Rakyat) Speaker require an election (following is based on the UK process):

  • MPs are given a list of candidates to vote as the candidate of their choice,
  • if a candidate receives more than 50% of the votes, the question is put to the House that he or she takes the chair as Speaker,
  • if no candidate does so, the candidate with the fewest votes, and those with less than five% of the vote, are eliminated,
  • in addition, any candidate may withdraw within 10 minutes of the announcement of the result of a ballot,
  • MPs then vote again on the reduced slate of candidates and continue doing so until one candidate receives more than half the votes.

The uniqueness of the Westminster system is that elected speakers can still stand in general elections. They are generally unopposed by the major political parties, who will not field a candidate in the Speaker's constituency - this includes the original party they were a member of. During a general election, Speakers do not campaign on any political issues but simply stand as 'the Speaker seeking re-election'.

But the Speaker will still have to deal with their constituents' problems like a normal MP.

House Speaker has the 'deciding vote' in the event of a tie on voting for an issue.
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9 comments:

  1. TS9:01 pm, July 04, 2020

    The current Speaker Mohammad Ariff, who may not be an MP, but the most important criteria would be his impartiality and his experience as a presiding Judge in the Court of Appeal. And he was nominated by Toonsie.

    As far as impartiality of the Speaker is concerned there is no comparison between the last Speaker of the House of Commons, John Bercow, most famous for his cries of "Orther Orther Orrrddeeeerrrr...." and say Pandikar Amin Mulia most famous for protecting Jibby by his continuous blocking of motions and debates for 1MDB.....see what mess we have now. Maybe KT missed this one too....too busy making money Down Under ha ha ha....

    Challenge for KT....please name ONE IMPARTIAL MP from the 222 we have today. If you can't, please stop bitchin.

    QUOTE
    Mohamad Ariff was a member and candidate of the Malaysian Islamic Party (PAS) for Kota Damansara, Selangor in 2004 general election but failed to win. Then he joined National Trust Party (AMANAH), a component party of Pakatan Harapan (PH) coalition in 2015. He resigned all of his party posts and became an independent politician on 1 July 2018 in order to become the PH coalition's candidate for the speakership.
    UNQUOTE

    ReplyDelete
    Replies
    1. KTemoc9:47 pm, July 04, 2020

      if one is a MP in the Dewan Rakyat one CANNOT be impartial for the reason one belongs to a party - there is no true Independent as can be found in Australia or Britain

      Delete
    2. TS8:17 am, July 05, 2020

      So what is KT yappin about implying Toonsie is to blame for allowing a non-elected representative as Speaker?

      KT should instead be defending Toonsie's appointment - Mohammad Ariff, who Muhyiddin is trying to sack...

      QUOTE
      WTF - it seems there was an amendment that allowed non-MP to become House Speakers. I can guess when and under whom did this nonsense came in (no doubt during the time I was in Australia - wakakaka).

      Under the proper Westminster parliamentary system (as practised by UK and Australia) the House Speaker must be elected from the pool of MPs (not House of Lords or Senate). How the eff can a non-elected person become the most powerful person in parliament?
      UNQUOTE

      Delete
    3. TS8:32 am, July 05, 2020

      This effort to replace the Speaker has Jibby's hallmark written all over it.

      Jibby has a lot to lose if Mohammad Ariff remains as Speaker, as his SRC/1MDB trials are ongoing and will possibly be concluded over the next 2-3 years. Jibby wants to be shielded from further embarrassing debates in Parliament, especially when he "wins" his case or gets fully "acquitted". He already stated that after PN snatched power from PH the Courts should be more "conducive" for a fair trial, now he wants a more "conducive" parliament too....ha ha ha....

      Delete
  2. Monsterball9:00 am, July 05, 2020

    There is NO amendment.
    The 1957 Malayan Constitution allows for a non-MP to be elected a Speaker by the Dewan Rakyat.

    ReplyDelete
    Replies
    1. Monsterball10:13 am, July 05, 2020

      I can Very accurately guess who Ah Mok already guessed as guilty for moving the non-existent Amendment to the Constitution allowing the Speaker to be elected from a non-MP...wakakakaka

      The fact is it was already there in the 1957 Merdeka Constitution.

      Delete
    2. KTemoc12:32 pm, July 05, 2020

      stop kerbau-ing - if you read the footnotes of Article 57, it says:

      Art. 57
      Act 19/1964, subsection 7(1), in force from 30-07-1964, substituted Clauses (1), (1a), (2) and
      (2a) for Clauses (1) and (2). The earlier Clauses read as follows:
      “57. (1) The House of Representatives shall from time to time choose one of its members
      to be Yang di-Pertua Dewan Rakyat (Speaker) and one to be Deputy Speaker, and shall
      transact no business while the office of Speaker is vacant other than the election of a
      Speaker.
      (2) A member holding office as Speaker or Deputy Speaker shall vacate his office on
      ceasing to be a member of the House of Representatives and may at any time resign his

      In other words Art 57 had subclause (1A) inserted on 16-12-1983 wakakaka - usually the bracketed (A) indicates it's a latter addition and 1983 tells you something lah, wakakaka again

      Delete
  3. Monsterball11:29 am, July 05, 2020

    Time to move on from the Westminster
    System.

    For over 100 years, the Anglo-American economic and government system has been taken as the model that most of nations of the world aspired to, even if they only paid lip service to it.

    Going forward the next 100 years, the aspiration model will be the CCP'S authoritarian state.

    ReplyDelete
    Replies
    1. CK4:21 pm, July 05, 2020

      Bet on it!

      But u wouldn't be able to appreciate the final effects of socialism with Chinese characteristics!

      Delete