THE Speaker does not have the prerogative to call the state assembly to session, Sarawak DAP chairman Chong Chieng Jen said today in response to  state assembly Speaker Mohamad Asfia Awang Nassar’s rejection on Sunday of his call for an emergency sitting to resolve “a DUN in constitutional crisis”.

“The power lies with the chief minister,” Chong said.

He said Asfia had again acted beyond his powers, alluding to a Kuching High Court decision on June 17 where Justice Douglas Cristo Primus Sikayun, in his ruling to overturn the disqualification of Pujut assembluman Dr Ting Tiong Choon, said the Speaker had acted “unconstitutionally” and “acted beyond his powers”.

Asfia had told reporters at Chief Minister Abang Johari Openg’s Raya open house it would be improper to hold a sitting to deliberate the court judgement while the case was still before the court.

He said since he had filed an appeal against the decision of the High Court, any attempt to take it out of the court into the DUN (Dewan Undangan Negara) would be sub-judice.

Afia had also said anyone who seriously believed that a chief minister, who commanded 72 seats would act to the dictates of the minority, or that the Speaker would call for the meeting “needs his head to be examined”.

Chong however said the opposition’s call for the emergency sitting was not to deliberate on Dr Ting’s reinstatement or the court decision but to meet and deliberate whether the assembly needed to appeal the decision.

“Who is capable in law to make a decision on behalf of the state assembly, whether to appeal against the judgement?”

Certainly not Asfia, or even the chief minister could make such a decision, said Chong.

“It is only through a sitting that the assembly can make a decision.”

The Kota Sentosa assemblyman said the Speaker’s labelling of his request for the session as “vicious” and “vitriolic” showed that “he has lost his mind”.

“He has even lost the basic criterion to be the speaker, that is to be impartial.

“How can a simple request for a DUN sitting be vicious?

“It is clear evidence he is not thinking straight.”

Chong argued that without the resolution, the state assembly could be made a “joke” and a “laughing stock”.

He said as a member of the legislature, he would not want to see the law-making body lose its integrity due to failure to comply with legal requirements and due process. – June 28, 2017.