Friday April 17, 2009

Court: Siva does not have right to suspend seven

By M.MAGESWARI

PUTRAJAYA: The Federal Court has unanimously ruled that Perak Assembly Speaker V. Sivakumar does not have the power to suspend Mentri Besar Datuk Dr Zambry Abd Kadir and six state executive council members from attending the assembly.

It granted a declaration that the seven assemblymen were entitled to take part in all the assembly sittings and to carry out their duties.

Court of Appeal president Justice Alauddin Mohd Sheriff, who chaired a five-man panel yesterday, said the Speaker’s decision to suspend the seven applicants was ultra vires (outside the law) and invalid.

Justice Alauddin said the bench had answered in the affirmative to two questions of law referred to it by the assemblymen for the interpretation of the Perak state constitution.

Both questions were whether on a true interpretation of Article 44 of the state Constitution, read together with Standing Orders of the Legislative Assembly and Legislative Assembly (Privileges) Enactment 1959 and all relevant laws, that the Speaker’s decision to suspend and prohibit Dr Zambry and the six executive council members from attending the sessions of the assembly was ultra vires and therefore null and void.

Justice Alauddin said it was no longer necessary to answer the remaining four questions which, among others, were whether charges against the seven constituted contempt and if the Speaker could re-convene the House without a proclamation from the Ruler.

The other judges were Chief Judge of Malaya Arifin Zakaria and Federal Court Judges Nik Hashim Nik Ab. Rahman, S. Augustine Paul and Zulkefli Ahmad Makinudin.

On Feb 18, Sivakumar had suspended Dr Zambry for 18 months and the six executive council members for 12 months, and barred them from attending the assembly for alleged contempt of the House. The group then filed an originating summons at Ipoh High Court on March 2 seeking a declaration that the suspension order was illegal.

Outside the court, lead counsel for the seven, Firoz Hussein Ahmad Jamaluddin said that, as far as the group was concerned, the court’s ruling meant that all cases on Perak had finally been disposed of.

“The apex court has given us the declaration as per in the originating summon,” he said.

Firoz said the ruling also meant that it was up to the Sultan of Perak to summon the sitting of the assembly.

“It is a landmark case, as never in the Malaysian history is there a direct case in relation to the power of the courts and the legislature,” he said.

Co-counsel Datuk Mohd Hafarizam Harun, who is also Umno legal adviser, said constitutional order must be restored in Perak and an assembly called by May 9 or 10.

Lead counsel for Sivakumar, Sulaiman Abdullah said he had not taken instructions from his client whether to file for review over the court ruling.

“However, until (former Perak Mentri Besar) Datuk Seri Mohammad Nizar Jamaluddin’s judicial review application (to challenge the validity of the appointment of his successor) is settled at Kuala Lumpur High Court, the case is still on,” he said.

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