MB's appointment is at the discretion of the Sultan, says constitutional expert

SHAH ALAM - The appointment of a Menteri Besar for each state depends on the discretion of the Sultan or the Chief Minister.

Universiti Malaysia Pahang (UMP) constitutional expert Professor Datuk Dr Wan Ahmad Fauzi Wan Hussain said the Sultan could appoint any member of the state legislative assembly whom he felt could get a majority vote of confidence.

“The sovereignty of our country lies within the Sultans. Therefore the Sultan has the discretion to decide on the Menteri Besar of a state.

“This is because the Menteri Besar will carry out the functions of the Sultan in administering Johor, so, the Sultan would choose someone whom he saw fit.

"We need to remember that the basis of our Constitution is not based on the Westminster democratic system practised in England. We practised constitutional democracy where at the Federal and State level, it follows a few similar forms of western democracy but not entirely,'' he said to Sinar Harian on Tuesday.

Meanwhile, another constitutional expert, Professor Dr Muhammad Fathi Yusof said the Sultan exercises his power based on the Johor state Constitution.

“According to the guidelines in the Constitution, the post of a Menteri Besar must be given to an individual who in the Sultan’s opinion would gain the trust of the majority of the state assembly members.

“The Sultan has the power (to appoint) but it has to be guided based on the provisions under the Constitution,” he said.

He added that no one, not even the courts, can challenge the discretion of the Sultan to appoint a Menteri Besar.

"However, if there were any parties that did not agree with the appointment, they could challenge the decision by way of a motion of no confidence, he said.

"This means that the process of appointment by the Sultan is final, but it is subjected to the trust by state assembly members who tried to challenge (the decision) in terms of the majority support,” he said.