It is getting more and more bizarre by the day: civil servants who are supposed to work under the elected representatives are openly defying the orders from their `master’. It is as though their real masters are elsewhere! Look: First the Perak State legal advisor pronounced the emergency State Assembly seating ordered righfully by the Speaker as illegal according to his understanding. He is certainly entitled to his view as a legal advisor-but since when he is able to assert his views to the extent of stopping the Assembly secretary from sending out notice of the emergency Assembly seating?
Then the Assembly Secretary pronounced the Emergency seating as `illegal’ because he think that it needs the Sultan’s consent, even though the Sultan himself admit that the royal’s role is only a formalisation of decision which belong to elected representatives. At the time of reporting the folk even want to decide the seating of the `illegal’ State Assembly session! It is at such time we witnessed that the civil servants are taking orders from their effective masters in the capital. They don’t seems to be bothered if they are called up for insubordination as the Civil Service Commission -their pay masters, reside in the capital and answer only to the masters in the capital! This gives a bizarre meaning to the doctrine of `separation of powers’ as practiced in Malaysia! Such brand of separation of power is a sure recipe to paralyze a government when the State and Federal governments are from different parties. Effectively it means that even though the people in a state vote for a particular party the civil servants can still choose to answer to the Federal ruling party!
Then another strange twist to the `separation of power’ in Malaysia. Decisions which belong to the State Assembly eg appointing of MB, calling of Assembly seating, disciplining of Assemblypersons etc, are referred to the courts-which belong to another arms of the government. Why are these happening? At the root of it: the separation of power in Malaysia need to be reworked so that the state government-no matter which party form the government, should be accorded appropriate respect! The civil servants, federal governments should not interfere with the operation of the State Assembly of any states! Failing this the interference is showing disrespect to the vote of the people in the state!
Another player in this game of knowing your master is the police force. The Speaker conventionally do have the power to order the security at the State Assembly to remove any unwanted personnel from the Assembly eg Assemblypersons who had been suspended from the Assembly. This is a unchallenged power developed by the BN over 50 years. But when the power is exercised by the PR Speaker would the police on duty carry out the order? Let’s see tomorrow when BN MB & Excos try to enter the State Assembly as they claim they would! To make them look `legal’ these BN Assemblypersons even go to the Court to set aside their suspension from the State Assembly! They seems to lack the confidence to be accepted as the righful office holders in the State Assembly supposedly captured by them through the defections.
The issue of the police possibly not carrying out their duty arise because they in their infinite wisdom, even dare to questions the Assembly Speaker for hours over the Assembly’s own oepration, where there was no crimes involved!
Since when the court(Judiciary) and the police(part of the Executive) are put higher than the legislature/law making body?