Chong asks for emergency DUN sitting within two weeks
KUCHING: State Legislative Assembly ( DUN) opposition leader Chong Chieng Jen has requested Chief Minister Datuk Amar Abang Johari Tun Openg to make representation to DUN speaker Datuk Amar Mohd Asfia Awang Nassar to hold an emergency DUN sitting within the next two weeks.
Chong, who is Kota Sentosa assemblyman, said the recent High Court’s decision is a crisis for DUN in that, for the first time in history, a resolution passed by DUN Sarawak on a Ministerial Motion was declared unconstitutional, unlawful, null and void by the Court of Law.
“It is unprecedented and the biggest irony that a law-making body is found to have itself acted unlawfully. The Ministerial Motion and the DUN’s resolution have now brought disrepute and shame to the institution of DUN Sarawak.
“A special sitting of the DUN must be held to allow all the members to fully and solely deliberate on this matter,” Chong, who is Bandar Kuching MP and state DAP chairman, said in a press conference at DUN Sarawak here yesterday.
Chong had earlier delivered a letter requesting requisition of emergency DUN sitting that was addressed to Abang Johari at the Chief Minister’s Office and a copy of the letter was sent to Asfia.
On June 17, High Court judge Datuk Douglas Christo Primus Sikayun ruled in favour of Dr Ting Tiong Choon, thus reinstating him as Pujut assemblyman.
In making his ruling, the judge said the DUN was not a competent forum to disqualify any of its members and that only the Election Court could decide on the membership status of any assemblyman as provided for under Article 118 of the Federal Constitution.
Douglas also found that Asfia had failed to apply the rule of Natural Justice when dismissing Dr Ting during the May 12 DUN sitting, apart from failing to provide him ample time to prepare his defence before a motion to disqualify him was tabled.
The High Court also said that Asfia had failed to take into account the interest of the 8,899 people who voted for Dr Ting during the state election last year.
On the announcement that the DUN will appeal the High Court’s judgement, Chong said DUN Sarawak has no authority to appeal without a resolution passed in the DUN authorising it to appeal.
“It is a fundamental principle of our democracy that DUN, being the Legislature, is a separate entity from the Executive. As such, the State Cabinet (Executive) is in no position to decide or act for the DUN (Legislature).
“Without a resolution passed in DUN Sarawak, any appeal to be filed in the name of the DUN Sarawak may thus be an unauthorised and unlawful act. It is embarrassing enough to have the Ministerial Motion and the DUN’s resolution made on May 12, 2017 declared unlawful. It will be doubly embarrassing if the appeal were declared to be unauthorised and unlawful, making DUN Sarawak a habitual law-breaker.”
Chong pointed out that the Speaker had filed the appeal against the decision of the High Court, naming DUN Sarawak as one of the respondents, thus impliedly making DUN Sarawak its opponent in the appeal.
“DUN Sarawak is an institution and is headed by the Speaker. It is ridiculous that the Speaker is now acting against DUN Sarawak by naming the latter a respondent in his appeal.
“When the Speaker of the House takes a legal action (the appeal) against the House itself, definitely the House is in crisis.”
Therefore, Chong opined that it was time for DUN Sarawak to deliberate whether Asfia is “a fit and proper person to continue to be the Speaker of DUN Sarawak”.
“The damning comments made by the High Court judge on the Speaker, that is the Speaker misled the Dewan with his wrong interpretation of the Constitution and not acting in accordance with the rules of Natural Justice, call to question whether Asfia should continue with his appointment as the Speaker of DUN Sarawak.
“When the Speaker has named the DUN as his opponent in a legal action, he can no longer continue to act as the head of the DUN. He should immediately resign or be removed.”
Chong also said that for the emergency sitting, natural justice and basic principle of fairness also require the Speaker be recused and that the Deputy Speaker shall chair the sitting for the simple reason that the Speaker is an interested party.
Otherwise, he said, the proceedings and whatever resolution made therein may again defy the rules of natural justice and held unlawful for a second time.
Chong said given the facts of the case, the best decision for the state government is to move on and let Dr Ting concentrate all his energy, effort and time in serving his people in Pujut.
“And stop harassing him in such a manner. You’re wasting public funds, energy and at the end of the day, what does the state government aim to achieve? It is not a case where there will be a change in government because of one member.
“After all, they have tried twice in Court and lost. What more do they want? Stop the harassment and move on.”
Chong was accompanied by his special assistant Dr Kelvin Yii, Stampin MP Julian Tan, Pending assemblywoman Violet Yong, Padungan assemblyman Wong King Wei and Dr Ting.