KUCHING: State Legislative Assembly Speaker Datuk Amar Awang Asfia Awang Nassar said the opposition’s six motions were rejected based on the law, standing orders and provisions of the federal constitution.
The six motions raised were in respect of welfare assistance and government subsidies to a physically-challenged farmer Frusis Lebi raised by Ting Sze Hui (DAP-Meradong); oil leakage in Miri raised by Ling Sie Kiong (DAP-Piasau); written answers from cabinet ministers and Sibu Municipal Council raised by Wong Ho Leng (DAP-Bukit Assek); public transport infrastructure and facilities raised by Wong King Wei (DAP-Padungan); and housing legislation raised by David Wong Kee Woan (DAP-Pelawan).
“Nothing has been dismissed that was not based on the law,” said Asfia at a press conference at the end of the second day of DUN sitting yesterday.
Touching on the first motion, Asfia said the subject was already under the jurisdiction and purview of the federal authorities and that a report had been lodged with the Malaysian Anti Corruption Corporation, Deputy Public Prosecutor and the police.
“Therefore it (motion) violates standing order 23(6).”
On the second motion (oil leakage at Sungai Liku in Miri) Asfia said the Department of Environment had already stopped the operation and allowed Cahaya Mata Sarawak Premix to continue operation on March 27.
Asfia said the DOE was a federal authority under the Ministry of Natural Resources and Environment which had the authority and jurisdiction to approve the continuation or discontinuation of CMSP’s operation.
On the motion in regards to cabinet ministers being duty bound to answer questions raised by elected representatives in DUN meetings, Asfia said that all the answers were forwarded and that taking penal action against the state cabinet could not arise as all the written answers were forwarded to all the representatives concerned in various stages.
“All answers are sent by fax, Postlaju and telephone. All the recipients have also acknowledged that they have received the answers.”
The fourth motion regarding the title of mayor and deputy mayor for Sibu Municipal Council, Asfia said that based on the Black’s Law Dictionary (page 1000), a mayor is officially elected or appointed to run a city, town or municipality.
“They can call themselves with whatever name they choose,” said Asfia in dismissing Wong Ho Leng’s second motion.
He also said that under Section 21(6) of Local Authorities Ordinance, the local authority, if it wanted, could exclude members of the public and media to their full council meetings.
Asfia also said that under Section 27 of the same ordinance, a local council could also have standing orders similar to the DUN to regulate, safeguard and protect their meeting against disruptions.
On the fifth motion (road transport infrastructure and facilities in Kuching), Asfia said that funding was astronomical. It was a federal matter as it fell under the constitutional responsibility of the Ministry of Finance and therefore invalid to be discussed in the august house.
On the sixth motion (amending housing legislation) Asfia said it was against Standing Order 23 “which forbids amendment of a legislation”.
He also said that the decision of the speaker wass final and not subject to appeal and review based on Standing Orders 39 and 86.
Asfia said that a substantive motion had to be filed against the particular decision of the Speaker if needed be.