KUALA LUMPUR, July 30 — The High Court rejected today a leave application by DAP MP M. Kulasegaran seeking to challenge the appointments of two ministers and three deputy ministers.
In dismissing the Ipoh Barat MP’s bid, High Court judge Datuk Zaleha Yusof said the applicants had no arguable case.
In his application, the lawmaker sought the court declaration’s that the appointments were unconstitutional as the five non-elected representatives were made ministers before they were sworn in as senators in the Dewan Negara.
Attorney General (A-G) Tan Sri Abdul Gani Patail, who was in court today to represent the two ministers and three deputy ministers, later told reporters that the oath-taking ceremony before the senate president was a secondary issue.
“You need to be appointed before you can be sworn in so if you are appointed already, then you can be appointed also as a senator,” he said after the hearing.
But Kulasegaran’s lawyer, R. Kengadharan told reporters that Article 43 under clause 6 of the Federal Constitution states a minister must first take oath of office and allegiance in the presence of Yang di-Pertuan Agong before exercising the functions of his office.
Kulasegaran also pointed out that all the ministers, deputy ministers, and parliamentary secretaries that were appointed as senators in the past 57 years had taken their oaths before the Yang di-Pertuan Agong before taking carrying out their duties in government.
“If that is practised, that is the intention of the law,” he said outside the courtroom.
Kulasegaran said another important issue of note concerned the salaries, rights and privileges of the senators, which he stressed should only take effect from the day of the swearing-in before the King and not from their day of nomination to office.
The opposition legislator said he would likely appeal the High Court’s decision.
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