Published: Tuesday November 3, 2009 MYT 5:37:00 PM
‘MB has no power to sack village chiefs’
By SYLVIA LOOI
IPOH: Perak Mentri Besar Datuk Seri Dr Zambry Abd Kadir has no power to dismiss the 817 village chiefs appointed during Pakatan Rakyat’s rule, lawyer Yunos Ali claimed.
Yunos, who is acting for the village chiefs, said their sacking was against the rule of natural justice.
”As their appointment was the result of an election, they have the legitimate expectation to be treated with dignity and respect,” he said Tuesday during his submission to quash the sacking of the village chiefs and to declare the move by the Barisan Nasional state government as null and void.
Yunos said an enquiry should be held first to determine whether they are really not suitable to helm the post before they are sacked.
He said that the respondents, being decision makers, had been biased and that their decision was politically motivated.
Acting on behalf of the Perak government, state legal adviser Datuk Ahmad Kamal Md Shahid said the appointment was at the discretion of the state.
”When the Pakatan state government fell, their appointment also suffered the same fate,” he said.
He added that the village chiefs might have been elected by their villagers but the state government endorsed their appointments.
“There is no legislature binding the two parties,” he said, adding that their appointments were political appointments.
Noting that former mentri besar Datuk Seri Mohammad Nizar Jamaluddin was merely carrying out his ceremonial duties to hand over the appointment letters, Ahmad Kamal said the power to appoint the village chiefs still remained with the state.
He also said that the court could not go into the issue of executive power.
”Only politicians can decide if the appointment of village chiefs is not suitable,” he said.
On May 26, Mohd Ridzuan Asit, the former village chief of Kampung Sungai Ati in Padang Rengas, filed an application on behalf of 816 others to quash their sacking.
Besides seeking damages, he also wants a mandamus order to reinstate him and the other village chiefs.
Mohd Ridzuan, 43, had claimed that the group was elected as village chiefs on Aug 7 last year and had carried out their duties at all material times.
He claimed that while the state government had assured them that they would be retained as village chiefs, their services were, without reason, terminated on April 16.
Judicial Commissioner Ridwan Ibrahim fixed Dec 1 to deliver his decision.
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