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(NST) GIVEN the current situation in Perak, the main principle of natural justice nemo judex in causa sua potest (no man can be a judge in his own cause) will be sorely tested in Thursday's assembly sitting.
With the cat out of the bag -- the removal of state assembly Speaker V. Sivakumar of Pakatan Rakyat being the first item on the agenda of the Barisan Nasional-controlled assembly -- all eyes will be on how the Tronoh assemblyman handles himself that day. Whether he will defend the post to his last breath or make way gracefully by allowing the motion to elect a new speaker to be tabled, has been the talk of the town for the past week. Already, his fellow Pakatan brethren have started to defend him, in anticipation of him rejecting the motion. Pantai Remis assemblyman Nga Kor Ming was among the first to come to Sivakumar's defence, saying it was the speaker's right to reject any motion brought before the state assembly. He cited the recent incident when Malacca state assembly Speaker Datuk Othman Mohamad rejected an emergency motion by a DAP assemblyman to call for a vote of no-confidence against Chief Minister Datuk Seri Mohd Ali Rustam. "If the speaker in Malacca could summarily reject a motion, so could Sivakumar. You can't say all that the BN speaker does is right and all that a non-BN speaker does is wrong," he argued. Point taken, but Nga seems to have been basing his argument on the wrong premise. As rightfully pointed out by Teja assemblyman Chang Lih Kang, Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir was within his rights when he filed the notice to bring a vote against the speaker. "The speaker has no right to reject the motion if it is done 14 days before the sitting. Sivakumar can only reject it if it is an emergency motion," said the Parti Keadilan Rakyat lawmaker. The Malacca speaker had rejected an emergency motion. As the notice for the motion was sent out on April 22, hence satisfying the 14-day requirement, Sivakumar is left with no choice but to give in. However, BN lawmakers are not taking it easy and have been huddled in numerous meetings. "We must be ready for any eventuality. Sivakumar may try to adjourn the sitting right after the opening speech by Sultan Azlan Shah but we are prepared for the worst," said a BN member. For now, Pakatan is planning to re-nominate Sivakumar as speaker once the motion (to elect a new speaker) is tabled. While it is mathematically impossible for him to be re-elected as speaker due to the three BN-friendly independents, there is talk that he may try and cut short the sitting, citing the "uncertain political scenario". "Who can stop him if he decides to adjourn the sitting (before the motion to elect a new speaker is tabled) because of the political impasse? "You cannot blame him as he stands to lose all the perks and benefits (as speaker)," said a Pakatan assemblyman. With all due respect to Sivakumar, the answer here boils down to whether he can act in an impartial manner. He should not be the judge in his own cause.
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