The DAP’s Ipoh Barat parliamentarian, M Kula Segaran, has failed in his leave application to query the appointment of two ministers and three deputy ministers even before they took their oath as senators.

Kuala Lumpur High Court judge Zaleha Yusof, dismissing his application this morning, said that appointments and swearing-in ceremonies are two different things.”I agree with the respondents’ submission that the appointment has to take place before the oath is sworn,” she said.”Hence, the application for leave by (Kula Segaran, left) is dismissed without costs.”Attorney-General (AG) Abdul Gani Patail appeared for the two ministers and deputy ministers.

The five cabinet appointees had taken their oath of office as ministers or deputy ministers before the Agong, and were only later sworn in as senators – which was the basis of their appointments.

Kula Segaran noted that, by convention over the past 57 years, senators have taken their oath in Parliament before assuming their posts as ministers.

“I have checked with the House (Parliament) and the term when they get their entitlement of rights and privileges is from the period they take their oath as senators,” he said.

“I think the government was ill-advised by the AG on this matter as this goes against the constitution and convention”.

This, he said, will be the grounds of his intended appeal against the court ruling.

After the hearing, Abdul Gani commented: “You need to be appointed (as ministers) before you get to be sworn in.”