Federal Constitution

Personally, I think the Education Minister shall make it compulsory that every Malaysian citizen MUST read the Federal Constitution and sit for an exam. It is because I think that federal constitution is no longer being uphold. This can be seen from the recent case of Ipoh High Court commissioner Ridzuan Ibrahim ruled that Perak Speaker,  Sivakumar, was not allowed to be represented by his lawyer and must ONLY be represented by state LA, based on Government Proceedings Act.

This was totally absurd as Federal Constitution Article 132 clearly states that Speaker is NOT a public officer and therefore Sivakumar is not bound by Government Proceedings Act!

Plaintiffs lead counsel, UMNO legal adviser Datuk Mohd Hafarizam Harun, and also the judicial commissioner need to go back to law school and read the federal constitution.

The judicial commissioner had given 2 grounds for his decision. The first was the test of payment – although the Speaker was not paid by ordinary public services commission, he was paid under the consolidated funds of the state (So, being paid by consolidated funds of the state means the Speaker is a government servant?)

Secondly, the preamble of the Perak Constitution stated that the state government is defined as the executive council and the legislative assembly. (So what? It doesn’t specifically define that the Speaker is a government servant!)

I think both Datuk Mohd Hafarizam Harun and Ridwan please go back to law school, for goodness sake. So, I presume what you said about Perak Constitution is absolutely right, but when there is a contravene between state constitution and federal constitution, automatically federal constitution applies and the state constitution to be ignored. Isn’t it? I am not a law student and I don’t pretend to be one and I don’t want to be one because I hate lawyers (for some personal reasons), but I am puzzled that a High Court judge and Umno legal adviser don’t even seem to read the constitution.