MARCH 3 — The Speaker of the House of Representatives (Dewan Rakyat), Tan Sri Mohamad Ariff bin Md Yusof, has stated that he will contact Prime Minister Tan Sri Muhyiddin Yassin to enquire whether the first meeting of the 3rd session of the 14th Parliament, scheduled for 9th March 2020, will proceed or be postponed.
The last sitting of the last session of the House of Representatives was on 5th December 2019. Meanwhile, the last sitting of the last session of the Senate (Dewan Negara) was on 19th December 2019.
Article 55(1) of the Federal Constitution states:
"The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session."
Some have equivocated "Parliament" in Article 55(1) of the Federal Constitution with the House of Representatives, and concluded that the six months will lapse on 5th June 2020.
However, Article 44 of the Federal Constitution on the Constitution of Parliament states:
"The legislative authority of the Federation shall be vested in a Parliament, which shall consist of the Yang di-Pertuan Agong and two Majlis (Houses of Parliament) to be known as the Dewan Negara (Senate) and the Dewan Rakyat (House of Representatives)."
In the present case, reading Articles 55(1) and 44 of the Federal Constitution together, it would appear that the Yang di-Pertuan Agong ("YDPA") has to summon Parliament before the expiry of 6 months from the last sitting of the last session of the Senate rather that of the House of Representatives.
The Eleventh Schedule to the Federal Constitution defines “month” to mean calendar month according to the Gregorian calendar.
However, as will be examined below, there are conflicting cases with regard to the calculation of a “month.”
18th June 2020
In Jeow Fong Mei v Chong Mee Yoke [1996] 1 MLJ 387 ("Jeow Fong Mei"), at page 387, the Court of Appeal held:
"In computing time by calendar months, the time had to be reckoned by looking at the calendar and not by counting the days. For example, one calendar month's imprisonment is to be calculated from the day of imprisonment to the day numerically corresponding to that day in the following month, less one. Adopting this aproach, the first three-month period for payment [which began on 14 July 1993] ended at midnight of 13 October 1993."
Jeow Fong Mei was affirmed by inter alia the Court of Appeal in Dato’ Valumalai @ M. Ramalingam S/O V. Muthusamy v Dato’ Dr. Tan Chin Woh [2010] MLJU 410
In applying the Jeow Fong Mei approach to the present case, and in light of Articles 55(1) and 44 of the Federal Constitution, it would appear that the YDPA has to summon Parliament on/by 18th June 2020.
19th June 2020
In Setali Development Sdn Bhd & Anor v Lim You Keng [1984] 1 MLJ 26 (“Setali Development“), at page 28, the Federal Court held:
“See also Marren v Dawson Bentley & Co Ltd [1961] 2 All ER 270. Thus for example if an act is to be done within one month from January 15, the last date for doing the act is February 15 — see Note 2 Order 3 at page 12 of the English Supreme Court Practice 1979 Vol. 1.
Since the order appealed against was made on February 28, 1982 the period of one month under Rule 56 of the Rules of the Federal Court 1980 runs from March 1, 1982. The notice of appeal filed on March 29, 1982 was therefore filed well within time.” (underline mine)
In applying the Setali Development approach to the present case, and in light of Articles 55(1) and 44 of the Federal Constitution, it would appear that the YDPA has to summon Parliament on/by 19th June 2020.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
