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Withdrawal after the tabling of annual reports of  Auditor-General for 2003 for 12 State Governments in Parliament most  improper, unparliamentary and even unconstitutional

 


Media Statement (2)
by Lim Kit Siang

(Parliament House, Tuesday): The withdrawal yesterday after the tabling of  annual reports of the Auditor-General for 2003 fo 12  State Governments in Parliament was most improper, unparliamentary and even unconstitutional. 

Dewan Rakyat Standing Order 20 stipulates: 

“20(1) Every paper a copy of which is so received by the Setiausaha shall be deemed to have been presented to the House and ordered to lie upon the Table.”

Article 107 of the Federal Constitution on the powers and duties of the Auditor-General states: 

“106(1) The Auditor-General shall submit his reports to the Yang di-Pertuan Agong who shall cause them to be laid before the House of Representatives. 

“106(2)  A copy of any such report relating to the accounts of a State….shall be submitted to the Ruler or Yang di-Pertua Negeri of the State, who shall cause it to be laid before the Legislative Assembly.”

It is clear that the Setiausaha of Parliament has no discretion to decide whether or not to table a report which he had received under S.O. 20, let alone to withdraw the papers and reports, as these documents are “deemed to have been presented to the House” once he receives them – even more so in the case of the Auditor-General’s Reports which are ordered to be tabled by the Yang di Pertuan Agong. 

In the case of the Auditor-General’s Report for the Malacca State 2003, the report was tabled in the Malacca State Assembly in its meeting of October 25, 2004, which creates the most anomalous situation where a copy of the report had been tabled in the Malacca State Assembly while the main copy meant for Parliament has yet to be tabled in the Dewan Rakyat.  This make the Malacca State Government more efficient than the Federal Government! 

The only explanation for this most improper and unconstitutional withdrawal of the 12 Auditor-General’s 2003 Reports for State Governments is to avoid another round of public controversy and embarrassment about seven state governments which are about to become bankrupt, which surfaced last week   – but this  cannot justify the unparliamentary and unconstitutional withdrawal of the 12 Auditor-General’s reports.

(14/12/2004)


* Lim Kit Siang, Parliamentary Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic Planning Commission Chairman