Politics

Was removal of Dewan Rakyat secretary constitutional, asks Liew

KUALA LUMPUR: Nizam Mydin Bacha Mydin has been appointed as the new Dewan Rakyat secretary (SUDR), replacing Riduan Rahmat with immediate effect yesterday.

Dewan Rakyat Speaker Tan Sri Mohamad Ariff Md Yusof in a statement today said Riduan is now the division secretary of the management division of Dewan Negara.

He said Nizam, 45, from Selangor, has a law degree from Universiti Malaya (UM) and a masters degree in law from Monash University, Australia.

"He had previously served in the public sector as a diplomatic and administrative officer in the Cabinet as well as in the constitution and government relations division under the Prime Minister's Department since Aug 29,2005.

"He had also served as an advocate, solicitor and syarie lawyer for three years since 2002.

"The last position he was holding prior to his appointment as the Dewan Rakyat secretary was the deputy division secretary of the constitution and parliamentary affairs section, under the Cabinet's constitution and government relations division of the Prime Minister's Department," the statement said.

Mohamad Ariff also said Nizam Mydin is currently pursuing his doctorate focusing on parliamentary affairs at UM's law faculty.

Dewan Negara senator Liew Chin Tong, however, questioned if the removal of Riduan, who was appointed SUDR position less than three months ago was constitutional.

"A tribunal would be required to remove the SUDR? Is the removal of (Riduan) as the SUDR constitutional?," said DAP central executive member in a posting via his Twitter account today.

The posting was accompanied by screenshot of Article 65 (3) and 125 (3) of the Federal Constitution to support his argument.

Article 65 stated that the persons holding the office of the Clerk of the Senate and Clerk to the House shall not be removed from the office except on the like grounds and in the like manner as a judge of the Federal Court.

"And in this respect the representation mentioned in Clause (3) of Article 125 shall be a representation made by the President of Senate or, as the case may be, the Speaker of the House of Representatives."

Meanwhile, Article 125 (3) stated if the Prime Minister or Chief Justice, after consulting the Prime Minister, may represent to the Yang di-Pertuan Agong if a Federal Court judge ought to be removed on the ground of any breach of any provision of the code of ethics.

"The Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office," Article 125 (3) read.

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