Tengku Zafrul is a senator, but he can talk in the Dewan Rakyat like an MP?

 

Written by: Averroes

It is strange that, a Senator who is Tengku Zafrul is speaking in the Dewan Rakyat. Is that not against article 49 of the Federal Constitution (FC)?

Article 49 of the FC clearly states that;

"A person shall not at the same time be a member of both House of Parliament..."

The other day, we discussed that Tengku Zafrul does not have to be elected or participate in the general elections to be the Minister of Finance. The YDPA under the Prime Minister's advice can appoint anyone to be his Minister. 

When appointing a Minister, it is tradition that the Prime Minister appoints senators or MPs in his coalition to be his cabinet ministers. Therefore, Tengku Zafrul is only a Senator whereby, under article 45(2) of the FC;

"The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry..."

Since Tengku Zafrul was a former CEO and banker, he had achieved distinction in the professions. However, when Tengku Zafrul is talking and answering questions in the Dewan Rakyat, that does not necessarily mean that he is an MP too. According to article 62(1) of the FC;

"Subject to the provisions of this Constitution and of federal law, each House of Parliament shall regulate its own procedure."

This is where the Standing Orders of the Dewan Rakyat kicks in as this regulation was made pursuant to article 62(1) of the FC. According to Standing Order 24A(2);

"A member may put question to the Minister relating to policy matters for which such Minister is responsible."

Since Tengku Zafrul is simultaneously a 'Minister' responsible for the portfolio of the Ministry of Finance, then the MPs in the Dewan Rakyat could ask him questions on the nation's finances and economy, especially on issues related to the RM100 million given to Najib and the purchase of a house, allowing him to freely travel to Singapore despite his LHDN tax case, the Supplementary Supply Bill and money allocation under Budget 2022. 

Asking questions to a Minister is also part of the Order of Business, since Standing Order 14(1) arranges them into the following order;

    (fa) Minister's Question Time

    (g) Questions to Ministers for oral answers

Under Standing Order 21(1) Questions may be put to Ministers relating to Questions, to:

    

    (a) Affairs within their official functions; or

    

    (b) A Bill, motion or other public matter connected with the business of the House for which such Minister is responsible

To conclude, yes Tengku Zafrul being a senator can talk in the Dewan Rakyat even if he is not a member of parliament and this should not be seen as double membership. The Standing Order of the Dewan Rakyat calls upon ministers to give answers to questions by other MPs. However, if he is 'only' a senator and not a minister, he could not come to the Dewan Rakyat as only 'minister's can do so, which in fact, he is the minister of finance.