KUCHING: State Democratic Action Party (DAP) chairman Chong Chieng Jen has once again slammed State Legislative Assembly (DUN) speaker Datuk Amar Mohd Asfia Awang Nassar for acting beyond his power.
“The speaker has claimed that he will not call for the emergency DUN sitting which I had written in to request. The speaker has no power to decide whether to call for DUN sitting or otherwise,” he told a press conference at the party headquarters here yesterday.
“The power lies with the Chief Minister (Datuk Amar Abang Johari Tun Openg) and once the representation is made by the Chief Minister to the speaker, the speaker must call for the DUN sitting,” he asserted.
“If he (speaker) refuses, then the Deputy Speaker will step in his shoes, in his position, to call,” he added.
On the labelling of his request for an emergency DUN sitting to deliberate or discuss the constitutional crisis which was now in existence in the State Legislative Assembly (DUN) by Asfia as ‘vicious and vitriolic’, Chong said: “He has lost his impartiality. How can a request for DUN sitting be deemed to be vicious? After all it is for the ADUNs (elected representatives) to make decision or to vote for a resolution.”.
“Is he (Asfia) accusing that all the ADUNs will be acting viciously or vitriolic towards him?” he questioned.
Bearing in mind that Barisan Nasional (BN) has the absolute majority in the DUN, therefore for the speaker to make such a comment was clear evidence that “he is not thinking straight”, Chong added.
“There is another principle of parliamentary system which is the speaker does not speak. To call for DUN sitting or not is within the power of the Chief Minister not the speaker,” he reminded.
Chong emphasised once more that the emergency DUN sitting was required in accordance with the proper procedure to deliberate on critical matters which had unfolded following the High Court’s ruling against DUN’s decision of disqualifying Dr Ting Tiong Choon as Pujut assemblyman.
“As a law-making body, there are laws that you have to comply. This is the proper procedure that has to be carried out in the event that DUN decides if there should be an appeal or otherwise. Moreover, I am part of the DUN,” he said.
The ultimate question, he argued, is who is capable in law to make a decision on behalf of DUN whether to appeal or not to appeal against the judgement.
“It is only the DUN sitting that can make the decision. Not Asfia, not even the Chief Minister.The Chief Minister only has the power to call for sitting to provide opportunities for ADUNs to make decision in DUN,” he said.
Emphasising that the State Legislative Assembly is the highest law institution whose integrity must be protected, Chong said he did not want to see the integrity destroyed by how the BN or the government of the day go about doing their business.
“The DUN has been reduced by the act of BN into a ‘kangaroo’ DUN. A place where the ruling party can just do whatever they want regardless of the provisions of the law,” he stressed.
Chong elaborated that DAP’s actions were to put things right and protect the integrity of the DUN, while the BN’s actions were to reduce DUN to a forum, whereby they can do whatever they want with no regards whatsoever to the provision of the law.
“Provision of the law includes the Constitution where you cannot just disqualify an ADUN like that, and the speaker interpreted the constitution as you wish and bulldoze your ministerial motion without regard to the requirement of the natural justice which is ‘law of god’,” he explained.
“Taking legal action to challenge the DUN’s decision doesn’t mean that I’m attacking the integrity of the system,” he said.
“And now I see another major mistake (appeal without a resolution of the DUN). That’s why I am pointing out and stating the legal requirement,” he added.