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Published: Thursday May 21, 2009 MYT 10:00:00 PM
Updated: Thursday May 21, 2009 MYT 10:16:21 PM

Perak MB crisis: Appeal Court to decide on Friday


Perak MB crisis: Appeal Court to decide on Friday

PUTRAJAYA: The Court of Appeal will deliver its ruling at 3:30pm Friday on Datuk Seri Dr Zambry Abd Kadir’s appeal against the High Court decision declaring Datuk Seri Mohd Mohammad Nizar Jamaluddin the rightful mentri besar of Perak.

The three-man panel - Justices Md Raus Shariff, Zainun Ali and Ahmad Maarop - will hand down its judgment after hearing submissions yesterday from counsel representing Nizar and Datuk Seri Dr Zambry Abd Kadir.

Among the issues it will have to consider is whether a mentri besar can be removed from office without a vote of no-confidence in the State Legislative Assembly, and how far the Ruler’s discretionary powers stretch.

A key argument on both sides was what transpired between Nizar and the Sultan of Perak, Sultan Azlan Shah, on Feb 4, on which day Nizar had sought -- but was not granted -- the Ruler’s consent to dissolve the Assembly to pave the way for fresh state elections.

While Zambry’s lawyers had argued that this was tantamount to a loss of confidence in Nizar’s leadership, and therefore, the Sultan had acted correctly in asking him (Nizar) to step down as mentri besar, Nizar's counsel Sulaiman Abdullah said:

“We are not challenging His Royal Highness’ prerogative, but it’s impossible to jump from there to say he has lost the confidence of the majority and has to resign.”

Earlier, Dr Zambry’s lawyer Datuk Cecil Abraham said the High Court had made an “incomplete and inaccurate” ruling on May 11 when it declared Nizar the rightful mentri besar of Perak.

Abraham argued that High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim had not taken into account “contemporaneous evidence.”

He argued that there was no deadlock in the Perak State Legislative Assembly on Feb 4 when Nizar had an audience with Sultan Azlan Shah.

He also argued that the Sultan can “extraneously, without a vote of no-confidence, ascertain the loss of majority.”

He reiterated the argument he made at the High Court earlier, that under Article 16(6) of the Perak Constitution, once the ruler refused Nizar’s request for dissolution, it was clear that “he shall tender the resignation of the Executive Council.”

“There is no express provision that a motion of no-confidence in the State Legislative Assembly is the only way to remove a mentri besar,” he said.

“Article 16(6) is clear and unambiguous that Nizar should tender his resignation, it doesn’t say he needs to go before an Assembly vote.”

In its ruling last Monday, the High Court had referred to Article 16(7) of the Perak Constitution, which “says that the mentri besar does not hold office at the pleasure of His Royal Highness.”

In his submission, Attorney-General Tan Sri Abdul Gani Patail, acting as intervener in the case, said that under the law, the Perak State Assembly Speaker was only allowed to cast a vote to avoid equality in the House.

Discounting the Speaker, at that juncture, Pakatan had 27 votes and Barisan had 28 votes. “There was no deadlock and without a majority, there can be no dissolution,” he said.

“Why blame His Royal Highness as though he did something wrong? You came for a dissolution, but he had to do his duty according to the constitutional framework,” Abdul Gani submitted.

Justice Md Rauf Shariff said the court would only decide on whether the High Court had intepreted the Perak Constitution rightly or wrongly.

“If he intepreted it correctly, we will dismiss the appeal. If not, we’ll accept the appeal,” he said.

Nizar and Zambry have been embroiled in a legal battle since February when Zambry was appointed mentri besar, with both claiming office to the state’s chief executive position.

On Feb 13, Nizar filed for a judicial review against Zambry’s appointment, seeking a declaration that he was the rightful Perak mentri besar “at all material times”, and an injunction to bar Zambry from carrying out the duties of the MB.

On May 11, the High Court ruled in favour of Nizar, declaring that his office had not been vacated, rendering Zambry’s appointment as null and void.

Justice Abdul Aziz said the Sultan could remove members of the Perak Executive Council from their office but not the mentri besar.

A day later, Zambry was granted a stay of execution order from the Court of Appeal against the High Court ruling, allowing him to remain the Perak mentri besar until his appeal against the High Court ruling was disposed of.

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