
A  bizarre and comical drama is being played out in the running feud  between the ruling coalition Barisan Nasional and opposition alliance  Pakatan Rakyat.
BN is attempting to force an unwelcome top public  servant down the throat of a Pakatan-controlled state government, which  naturally has fiercely resisted the forced-feeding.
The scenario  is rendered more ridiculous when, in its earnestness to overpower  Pakatan, BN has brought in the Sultan of the state to administer the  swearing-in of the new recruit, though the Sultan, being a  constitutional monarch, has no apparent role to play in this appointment  under the state constitution.
On Dec 27, 2010, the chief  secretary to the BN-controlled federal government Mohd Sidek Hassan  suddenly announced that Selangor Islamic Department (Jais) Director Mohd  Khusrin Munawi will take over as Pakatan-controlled Selangor’s state  secretary (head of state civil servcie) from Jan 1, 2011.
This  unexpected news came like a bolt from the sky for Pakatan, for Khusrin,  well known for his pro-Umno and anti-Pakatan stance, is regarded as a  thorn in the flesh in the Selangor state government.
Within hours,  Selangor menteri besar’s office refuted the appointment, stating that  the menteri besar had no prior knowledge of it, and that the state  government was still in the process of finalising the appointment from  its own short-list. Menteri Besar Khalid Ibrahim was then on oversea  leave.
In a chorus of angry protests, Pakatan leaders described  this sneak attempt to appoint a hostile candidate to head the state’s  civil service as an outright sabotage against the Pakatan government.
They  accused Prime Minister Najib Tun Razak of trying to replicate the  infamous coup d’etat that overthrew the Pakatan state government of  Perak almost two years ago when a similarly pro-Umno state secretary  played a key role in the illegal power grab.
Another surprise  awaited Pakatan. On Dec 30, 2010, the Sultan’s private secretary Mohamad  Munir Bani (apparently another Umno loyalist) announced that Khusrin  was scheduled to swear-in at the Sultan’s palace on Jan 6, 2011, for  which invitations have been sent out.
This move is clearly  intended to pit Pakatan on a collision course not only with Umno/BN but  also the Sultan, keeping in mind that both chief secretary Sidek and  private secretary Munir had stated earlier that the Sultan had given his  approval to the appointment.
From a commoner’s point of view
Meanwhile,  controversy over the legality and propriety of this appointment rages  on with a variety of opinions from the academic and the judicial  circles. However, before we delve into the legal intricacies, let us  first look at the issue from a commoner’s point of view.
A few  facts need be straightened out first. The state secretary is a state  government employee, whose salary is paid for by the state government.  He heads the state’s civil service and serves the executive council  (exco) of the state (the state cabinet) and reports directly to the  menteri besar.
Hence when the federal Public Services Commission  (PSC) selected Khusrin as Selangor’s state secretary, it was in effect  serving the Selangor government as a personnel agency. The Selangor  government remains the employer.
Does it make sense then that PSC  should have selected someone without the knowledge of and without  consultation with the Selangor government, the exco, and above all, big  boss the menteri besar?
It is akin to an employment service agency  thrusting a general manager to a company without the knowledge of the  chairman and board of directors. The latter must be thinking that the  agency has gone mad!
Now we are talking about running a government, which is immensely more complex and serious than a company.
Is  it not the height of absurdity that the federal recruitment agency  would appoint someone to head the civil service of an adversary state  government in a process that was completely hidden from the latter?  Worse, when that candidate is a putative “trojan horse” to sabotage the  state government.
How is the new state secretary expected to serve  his employer when the former is regarded with such mistrust and  detestation? Isn’t this move a manifestation of evil intention to cause  grievous damage to the Pakatan state government? Isn’t this the crudest  expression of contempt and betrayal of the interests of the Selangor  people who have chosen Pakatan to administer their state?
Against justice and fair play
Now,  let us look at the legal aspects. Under the state constitution (Article  52 Clause 1), the appointment of the state secretary “shall be made by  the appropriate Services Commission” – not by the Sultan. So, both Sidek  and Munir have falsely invoked the name of the Sultan to over-rule  objection from Pakatan.
Next, the state secretary must take his  Oath of Secrecy “in the presence of the Menteri Besar” before he can  attend meetings of the Exco, according to Article 52 Clause 4 of the  same constitution.
With these two provisions, it is apparent that  arrangement of Kushrin’s oath-taking in the palace is not an orthodox  constitutional practice of the state, but an expedient political  machination devised to outmaneuver Pakatan.
As for which is “the  appropriate Services Commission” mandated by Article 52 Clause 1 for  this appointment , Menteri Besar Khalid contended that the state’s own  Public Services Commission should have been involved in accordance with  services practice notes prepared by the commission.
While the  issue of the “appropriate Services Commission” is being debated, one  thing is crystal clear. The employer has the final say as to who can or  cannot work for him.
No government can tolerate a key officer who  is an anathema to its agenda, much less the head of the entire  government machinery. It is against all norms of justice and fair play.  It is certainly against the democratic principles upon which this nation  was founded.
[Source: FMT]