The Malaysian Insight

DEWAN Rakyat Speaker Pandikar Amin Mulia breached the constitution by issuing a notice demanding that three DAP lawmakers issue an open apology for allegedly insulting him, said an MP.

PKR’s Padang Serai lawmaker N. Surendran said Pandikar’s notice is in blatant breach of Article 10 of the federal constitution, and thus, is void and unlawful.

He said Parliament imposes restrictions through the Houses of Parliament (Privileges and Powers) Ordinance 1952, and Section 9 of the act lists 14 types of contempt.

“However, insult or criticism of the speaker does not fall under Section 9. No such offence of contempt is provided for under the act.

“Therefore, the statement by the three MPs cannot amount to contempt, as criticism or ‘insult’ of the speaker is not included in the said categories of contempt, under the Houses of Parliament (Privileges and Powers) Ordinance 1952,” he said in a statement today.

In a letter dated March 13, Pandikar demanded that Nga Kor Ming (Taiping), Ngeh Koo Ham (Beruas) and V. Sivakumar (Batu Gajah) issue an open apology in the Dewan Rakyat for accusing him of collusion in covering up corruption scandals.

He said the trio had insulted him and tarnished the good name of the Dewan Rakyat with their accusations, which included calls for him to honourably resign for failing to uphold the truth as speaker.

Surendran said even though the Dewan Rakyat has powers to conduct its own affairs, it has no power to act in breach of the federal constitution.

“The statement made by the three MPs is, thus, protected by the guarantee of freedom of speech in Article 10 of the constitution, and cannot be made the subject of contempt proceedings by the Dewan Rakyat.

“The three MPs need not comply with the demand for an apology made by Pandikar in the said notice, as it is void and unlawful,” he said, adding that Pandikar must immediately withdraw the notice.

In the letter, the speaker said the three MPs’ failure to apologise will result in stern action against them.

On March 7, the trio issued a statement, urging Pandikar to step down after he rejected an emergency motion on the 1Malaysia Development Bhd-linked luxury yacht Equanimity and questions related to the state investor.

Last week, Pandikar turned down an emergency motion by Gooi Hsiao Leung (PKR-Alor Star), which urged Prime Minister Najib Razak to explain why the government does not intend to claim the confiscated yacht.

The motion was rejected under Section 18(7)(c) of the Standing Orders, which allows the speaker to refuse any motion presented to him if it contravenes the Standing Orders. – March 15, 2018.