Parliamentary privilege including non-justiciability of legislative assembly's internal proceedings is upheld, preventing court intervention in the management and composition of committees established under statutory provisions.

Ahmad Haji Maarop FCJJ :

JUDGMENT OF THE COURT

[1]This is the appeal by the Appellants (the first, second, third, fourth, eight and ninth Defendant in the High Court) against the decision of the Court of Appeal given on 16.12.2011 which reversed the decision of the High Court. The High Court had, on 21.3.2011, allowed the Appellants' application under O 18 r 19 of the Rules of the High Court 1980 (RHC) and struck out the Originating Summons No -21-380-2009 ("the Originating Summons") filed by the Respondents (the Plaintiffs in the High Court).

[2]The background facts leading to the present appeal are these. After the General Election held on 8.3.2008, Pakatan Rakyat formed the State Government in Selangor. The Selangor Legislative Assembly ("SLA") comprised of 36 elected members representing Pakatan Rakyat and 20 elected members (including the Respondents) representing Barisan Nasional which formed the opposition. On 22.4.2008 the first Defendant was elected the Speaker of the SLA. On 26.5.2008 the Select Committee on Competence, Accountability and Transparency ("SELCAT") was established when Ms. Elizabeth Wong Keat Ping, the Assembly member from Bukit Lanjan, moved the motion for, inter alia:

(i)the formation of SELCAT;

(ii)Teng Chang Khim to become the Chairman of SELCAT;

(iii)the 2nd to 7th Defendants to become Committee Members of SELCAT with four of them from Pakatan Rakyat and the balance two from UMNO; and

(iv)notwithstanding anything contained in Order 75 of the Standing Orders, SELCAT is authorized to conduct public hearings and the evidence presented therein may be publicly disseminated or published.

[3]The motion was seconded by one Mr. Ean Yong Hian Wah, the Assemblyman from Seri Kembangan and subsequently passed by the SLA on a majority vote, without objection whatsoever from any of the Assembly members present. On or about 9.11.2009, the Respondents filed the Originating Summons in the Shah Alam High Court seeking for the following declarations:

(i)a declaration that the composition of SELCAT does not reflect the balance between the parties within the SLA as required by Order 72 (1) of the Standing Orders of the Legislative Assembly for the State of Selangor ("Standing Orders");

(ii)a declaration that in conducting its hearings publicly and in allowing the publication and dissemination of reports concerning its proceedings prior to the presentation of its formal Report to the SLA, SELCAT has acted in breach of Order 75 of the Standing Orders and the Laws of the Constitution of Selangor, 1959 ("Selangor Constitution");

(iii)a declaration that the 1st defendant as Speaker of SLA, and the Chairman of the Privileges Committee of the SLA, is in a position of conflict when he sits as the Chairman of SELCAT and therefore all proceedings conducted by SELCAT are null and void as being contrary to the rules of natural justice;

(iv)further and / or in the alternative, a declaration that the proceedings and functions of SELCAT have impeded upon matters reserved by the Standing Orders and / or the Selangor Constitution for the Public Acounts Committee of the SLA and thereby SELCAT has acted in excess of its jurisdiction;

(v)further and / or in the alternative, a declaration that the matters deliberated upon by SELCAT have exceeded beyond the scope of the matters expressly referred to SELCAT by SLA and therefore the said proceedings are null and void as being contrary to Ord