Wednesday November 4, 2009
MB has no power to sack village chiefs, court told
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, claimed lawyer Yunos Ali.
Yunos, acting for the 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 during his submission yesterday to quash the sacking of the village chiefs and to declare the move by the Barisan Nasional state government as null and void.
Acting on behalf of the Perak state 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 appointments also suffered.”
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. “Only politicians can decide if the appointment of village chiefs are not suitable.”
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.
Mohd Ridzuan, 43, who besides seeking damages, also wants a mandamus order to reinstate him and the other village chiefs to their posts.
Judicial Commissioner Ridwan Ibrahim fixed Dec 1 for decision.
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