Federal Constitution 132

Federal Constitution 132 clearly states that a Speaker is not a public officer, thus the ruling by Ipoh High Court judicial commissioner Ridwan Ibrahim is totally invalid.

Judicial commissioner Ridwan Ibrahim said that Sivakumar is a public officer with public duties and should rightfully be represented by the state legal adviser instead of his own panel of lawyers.

Federal Constitution is the basic for any law student in Malaysia. If I am not mistaken, my friends took it in their 1st year. Somehow it seems that our High Court judge is not even familiar with our own federal constitution. 

Do you still have confidence in our judiciary system?

 

PART X - PUBLIC SERVICES

Article 132

132.

(1) For the purposes of this Constitution, the public services are -

• (a) the armed forces;
• (b) the judicial and legal service;
• (c) the general public service of the Federation;
• (d) the police force;
• (e) the railway service;
• (f) the joint public services mentioned in Article 133;
• (g) the public service of each State; and
• (h) the education service.

(2) Except as otehrwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may bge regulated by federal law and, subject to the provisions of any such law, by Yang di-Pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or Yang di-Pertua Negeri of that State.

(2A) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (e), (f) and (h) of Clause (1) holds office during the pleasure of the Yang di-Pertuan Agong, and, except as expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office during the pleasure of the Ruler or Yang di-Pertua Negeri.

(3) The public service shall not be taken to comprise -

• (a) the office of any member of the administration in the Federation or a State; or
• (b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; or
• (c) the office of judge of the Supreme Court or a High Court; or
• (d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or
• (e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being post which but for the order would be posts in the general public service of the Federation.

(4) References in this Part, except in Articles 136 and 147 to persons in the public service or to members of any of the public services shall not apply to:

• (a) the Clerk to either House of Parliament or any member of the Staff of Parliament; or
• (b) the Attorney General or, if provisions for the manner of his appointment and removal from office is specifically included in the Constitution of the State, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the State, the legal adviser of any State; or
• (c) a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Yang di-Pertua Negeri; or
• (d) in the case of Malacca and Penang, if provision os made by State law for their appointment -
  • (i) the President of the Religious Affairs Department;
  • (ii) the Secretary of the Religious Affairs Department;
  • (iii) the Mufti;
  • (iv) the Kadi Besar; or
  • (v) a Kadi.