Court rules Nizar is legitimate MB
Hafiz YatimPublished: May 11, 2009 2:54 AM | Updated: May 12, 2009 4:08 AM
The Kuala Lumpur High Court today paved the way for a fresh round of battle in Perak by declaring that BN's Zambry Abd Kadir is not the legitimate menteri besar of Perak.
The Kuala Lumpur High Court today paved the way for a fresh battle in Perak by declaring that BN's Zambry Abd Kadir is not the legitimate menteri besar of Perak.
Justice Abdul Aziz Abd Rahim then proclaimed ousted Pakatan Rakyat Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.
"He is, and was, at all material times the chief minister of Perak," Abdul Aziz told the court.
His decision rubberstamped Nizar's argument that he is the legitimate menteri besar.
Zambry's lawyer Cecil Abraham's application for a stay of proceedings pending an appeal was also rejected by the court.
Justice Abdul Aziz delivered his judgment at 2.34pm in a courtroom filled with Pakatan Rakyat leaders. He read his judgment for about an 70 minutes and granted all the prayers that Nizar had sought.
Abdul Aziz laid out the facts of the case, highlighting the cause and results of the political impasse as a result of the defection of the three state assemblypersons - namely Mohd Osman Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang).
The judge said if the Sultan of Perak had wanted to order Nizar's resignation, he should have called the assembly to table a motion of no-confidence against PAS leader.
He said that a new menteri besar could not be appointed as the office had not been vacated.
He also noted that state legal adviser Ahmad Kamal Md Shahid's affidavit contradicted Nizar's version of events and decided to consider the latter's version.
"The court cannot accept the state legal advisor's testimony as he seemed to be a partisan witness," he said.
What are the sultan's powers?
The judge noted that the Sultan of Perak can use his absolute discretion in the appointment of the menteri besar and also grant a dissolution to the assembly.
"However, once the menteri besar is in office he is not under the pleasure of the sultan but under the Perak legislative assembly," he said.
"Hence, the sultan cannot order for his resignation but this must be done through a vote of no confidence at the state legislative assembly.
"However, based on democratic practice, the only measure to oust Mohammad Nizar was through a vote of no confidence against him.
"As I have state earlier any vote of no-confidence should be on the floor of the state legislative assembly.
"Only under these circumstances can the menteri besar be forced to resign."
The decision is now set to bring about more uncertainty in the state.
A prolonged political impasse
Only last Thursday, Zambry and the BN coalition had made some inroads in the state assembly by removing the Pakatan appointed speaker V Sivakumar and replaced him with R Ganesan from MIC.
Nizar had sought a declaration that he was the rightful menteri besar and to prevent Zambry from discharging his duty.
The state has been in a political impasse since February after Sultan Azlan Shah urged Mohammad Nizar to step down and appointed Zambry as the menteri besar.
The sultan's decision was based on the defection of the three Pakatan elected representatives to become BN-friendly independents.
Nizar however has questioned the legitimacy of Zambry's appointment and has been pushing for the state assembly to be dissolved so that fresh elections can be held.
Nizar's lawyers had previously argued in the court that if he obtained the declaration, he would seek a fresh mandate to resolve the political deadlock.
Pakatan and BN have 28 seats each in the state assembly but the three BN-friendly independents have shaded the power towards the BN side.
A painful three months
After the decision, Nizar said he will seek an audience with the sultan in Ipoh immediately to dissolve the state assembly and pave the way for state elections.
However it is learnt that the sultan is away from the country and Nizar will only be able to meet with the Perak regent tomorrow morning.
He is also expected to hold a Pakatan exco meeting later tonight.
"The three months have been very painful," he said outside the court.
"This is a victory for the people of Malaysia. It also shows the judiciary can be depended on. I will call for fresh elections. We will give it back to the people."
Zambry meanwhile is on his way to Kuala Lumpur for Umno's 63rd anniversary celebrations tonight.
He was quoted in Bernama as saying that he accepts the court's decision with an open heart.
"Me and my friends will take the next action according to the law," he said. "We will pack up and vacate the office as soon as possible".
Security has also been tightened at the state secretariat building in Ipoh with several Federal Reserve Unit trucks observed in the vicinity.
The state secretariat has been locked down since 4pm.
VIDEO | 7 mins
Justice Abdul Aziz Abd Rahim then proclaimed ousted Pakatan Rakyat Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.
"He is, and was, at all material times the chief minister of Perak," Abdul Aziz told the court.His decision rubberstamped Nizar's argument that he is the legitimate menteri besar.
Zambry's lawyer Cecil Abraham's application for a stay of proceedings pending an appeal was also rejected by the court.
Justice Abdul Aziz delivered his judgment at 2.34pm in a courtroom filled with Pakatan Rakyat leaders. He read his judgment for about an 70 minutes and granted all the prayers that Nizar had sought.
Abdul Aziz laid out the facts of the case, highlighting the cause and results of the political impasse as a result of the defection of the three state assemblypersons - namely Mohd Osman Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang).
The judge said if the Sultan of Perak had wanted to order Nizar's resignation, he should have called the assembly to table a motion of no-confidence against PAS leader.
He said that a new menteri besar could not be appointed as the office had not been vacated.
He also noted that state legal adviser Ahmad Kamal Md Shahid's affidavit contradicted Nizar's version of events and decided to consider the latter's version.
"The court cannot accept the state legal advisor's testimony as he seemed to be a partisan witness," he said.
What are the sultan's powers?
The judge noted that the Sultan of Perak can use his absolute discretion in the appointment of the menteri besar and also grant a dissolution to the assembly.
"However, once the menteri besar is in office he is not under the pleasure of the sultan but under the Perak legislative assembly," he said.
"Hence, the sultan cannot order for his resignation but this must be done through a vote of no confidence at the state legislative assembly.
"However, based on democratic practice, the only measure to oust Mohammad Nizar was through a vote of no confidence against him.
"As I have state earlier any vote of no-confidence should be on the floor of the state legislative assembly.
"Only under these circumstances can the menteri besar be forced to resign."
The decision is now set to bring about more uncertainty in the state.
A prolonged political impasse
Only last Thursday, Zambry and the BN coalition had made some inroads in the state assembly by removing the Pakatan appointed speaker V Sivakumar and replaced him with R Ganesan from MIC.
Nizar had sought a declaration that he was the rightful menteri besar and to prevent Zambry from discharging his duty.
The state has been in a political impasse since February after Sultan Azlan Shah urged Mohammad Nizar to step down and appointed Zambry as the menteri besar.The sultan's decision was based on the defection of the three Pakatan elected representatives to become BN-friendly independents.
Nizar however has questioned the legitimacy of Zambry's appointment and has been pushing for the state assembly to be dissolved so that fresh elections can be held.
Nizar's lawyers had previously argued in the court that if he obtained the declaration, he would seek a fresh mandate to resolve the political deadlock.
Pakatan and BN have 28 seats each in the state assembly but the three BN-friendly independents have shaded the power towards the BN side.
A painful three months
After the decision, Nizar said he will seek an audience with the sultan in Ipoh immediately to dissolve the state assembly and pave the way for state elections.
However it is learnt that the sultan is away from the country and Nizar will only be able to meet with the Perak regent tomorrow morning. He is also expected to hold a Pakatan exco meeting later tonight.
"The three months have been very painful," he said outside the court.
"This is a victory for the people of Malaysia. It also shows the judiciary can be depended on. I will call for fresh elections. We will give it back to the people."
Political pundits say that Pakatan has a very good chance of reclaiming the state in new polls.
A defeat would be another humiliation for the BN which suffered unprecedented losses in the general election a year ago, and has lost a string of by-elections since then.
Senior state DAP leader Nga Kor Ming told Malaysiakini that the Pakatan state meeting would be held at 11pm in Ipoh. A meeting involving state Pakatan leaders will be held tomorrow morning.Zambry meanwhile is on his way to Kuala Lumpur for Umno's 63rd anniversary celebrations tonight.
He was quoted in Bernama as saying that he accepts the court's decision with an open heart.
"Me and my friends will take the next action according to the law," he said. "We will pack up and vacate the office as soon as possible".
Security has also been tightened at the state secretariat building in Ipoh with several Federal Reserve Unit trucks observed in the vicinity.
The state secretariat has been locked down since 4pm.
VIDEO | 7 mins
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