Wan Junaidi cites Constitution
KUCHING: Santubong MP Datuk Seri Wan Junaidi Tuanku Jaafar says he has no problem with the declaration of assets but only if the related documents are kept in the Speaker’s office for reference and record.
If the documents were to be published and posted on websites, then the MPs would be exposed to all sorts of repercussion and backlash, he said.
“I was told some of the MPs are already experiencing these repercussions,” he said in response to a report which stated that three MPs from Gabungan Parti Sarawak (GPS) had yet to submit their declaration forms.
Wan Junaidi said this was among the issues that was debated in the Dewan Rakyat recently.
“I disagree for reasons of legal basis which, number one, there is nothing in the Constitution, the Houses of Parliament (Privileges & Power) Act 1952 revised 1988 or the Standing Orders and Rules of Dewan Rakyat or Dewan Negara requiring the declaration of assets.
“Second, that being the case then the declaration of assets can only made by the resolution of Dewan Rakyat and there is no prescribed method of sanction in case of breach or non-compliance. Because the breach is not known to the Constitution, Privileges and Right Act or the Standing Orders,” he said.
Wan Junaidi said any kind of sanction or punishment meted out was not right, because it was not in accordance with the governing law of the privileges and power of the Dewan.
“Of course, the Speaker could hide behind the provision of Article 62 of Federal Constitution on the Parliament’s rights to regulate its own procedure and would not be subject to court jurisdiction.
“But still, Parliament as the highest tribunal of the country should behave arbitrarily and ought to show good example, that empowering law or regulations must first be enacted before asking the legislators (MPs) to abide by it,” Wan Junaidi pointed out.
He went on to say that an MP had no authority over government money and how the money was spent.
“We just choose the projects based on the allocation each MP is able to assign within his constituency. All the processes in getting the project done are made by the government implementing agencies.
“The term of MP’s tenure of office is non-executive and permitted to do business. Although a legislator, he or she could as well as do business and carry on business. This resulting in fluctuation of his assets, holdings and possessions unpredictable,” he said.
He said the assets or wealth would vary from month to month, even weeks, and would make the declaration of the assets redundant.
“Therefore, from this instant, obviously Parliament is being dragged in to play politics to satisfy the Pakatan Harapan manifesto, which the legislature should not,” Wan Junaidi added.
