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Power to suspend any person appointed lies in the person who has power to appoint such person — Hafiz Hassan

 

 

JUNE 4 — The Negeri Sembilan State Secretary’s Office has rightly referred to Article 25 (XXV) of the Laws of the Constitution of Negeri Sembilan 1959 on the power to suspend, terminate, replace or appoint the Dewan Keadilan Undang (DKU). 

Article 25 reads as follows:

His Highness may from time to time appoint a Secretary to the [DKU] who shall hold office during His pleasure.

Reference has to be made also to the Eleventh Schedule of the Federal Constitution where section 29 provides as follows:

Clearly the power to appoint includes the power to suspend, among others. — Picture by Yusof Isa

“Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place:

“Provided that where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority.”

Clearly the power to appoint includes the power to suspend, among others.

The power to suspend any person appointed lies in the person who has the power to appoint such person.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

 

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