Zaid questions sultan's decision

The decision by Sultan Azlan Shah not to dissolve the Perak assembly and sack his menteri besar was also questioned by former law minister Zaid Ibrahim.

Zaid said that any decision by the sultan affecting public policies and interests should include basic ideals like justice and fairness.

“Prerogatives and subjective judgments may not be justiciable but decisions that affect public policies and interests are not precluded from having to satisfy certain basic tenets, that of reasonableness, fairness and transparency.

“Isn’t that we are told and lectured by well-qualified leaders of our country about good governance?,” said Zaid in an email to Malaysiakini.

The renowned lawyer added that various quarters, including those from the Bar Council, have marked down the ruler’s decision as unjustified.

He also said the public should have the right to know the rationale behind the sultan’s decision.

“Many, including the Bar Council have said that His Highness's decision not to dissolve the Perak legislative assembly although advised to do so by the menteri besar (Mohd Nizar Jamaluddin) is beyond question or in legal parlance non justiciable,” said Zaid.

BN’s new majority dubious

This is because the political calculation that allowed BN to form the new Perak state government is legally questionable.

Zaid argued the notion that BN now has a three-seat majority itself is dubious for several reasons.

“Can someone explain why BN is deemed to have a working majority? If the three letters of support from the defectors are genuine and valid, and not executed under duress, then why not just convene a special session and pass a vote of no confidence?

“(But) it would seem that all we need to do in cases like this is just convince our constitutional monarchs that we have a working majority by bringing them to the palace, or wherever suitable, and then call the press to announce the takeover,” quipped Zaid.

The former minister further said that such a scenario reflected a total disrespect towards the will of the people who had clearly voted for a Pakatan Rakyat government in Perak.

“Tabling the motion of no confidence against the menteri besar is the more democratic option as it is the best indicator as to whether or not Nizar commands the majority of the assembly.

Stop kidding ourselves

“(BN) should let the rakyat see for themselves in the august chamber of the state assembly whether or not their government has lost support. What’s so difficult about that?

“(But) of course we can go back to the days when the rulers can decide on matters affecting the rakyat and don’t have to explain anything to anyone.

“If that’s where we are and we want to keep it that way, than stop kidding ourselves that we have a workable parliamentary democracy,” quipped Zaid.

Zaid is not the only legal authority to have labeled the Perak political imbroglio as a legal and constitutional crisis.

Other legal experts like the president of the National Human Rights Society (Hakam) Malik Imtiaz and former UN special rapporteur for judicial independence Param Cumaraswamy had also voiced similar sentiments.

"A constitutional crisis is brewing," Param said yesterday.