Perak MB crisis: Appeal Court to decide on Friday - The Star online
By LISA GOH and YENG AI CHUN
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 -- comprising Justices Datuk Ahmad Maarop, Datuk Md Raus Sharif and Zainun Ali -- announced this after hearing submissions and rebuttals from both sides earlier Thursday.
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.
Earlier, Nizar’s lawyer Sulaiman Abdullah argued that the question of Nizar resigning as mentri besar of Perak cannot arise because there had not been a vote of no-confidence against his leadership in the Assembly.
“The only way a mentri besar can be removed from office is by such a vote on the floor of the Assembly,” he said.
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.
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 Nizar to step down as mentri besar.
“If His Royal Highness has the power to dismiss the mentri besar, it would come under Article 18 (of the State Constitution), but it does not. It does not come under any Article,” said Sulaiman, who began his submission at 2pm.
Article 18 covers the constitutional discretion of the Sultan, including the right to refuse a premature dissolution.
“If what they say is acceptable, then the Prime Minister can be woken up at 2am and be told that the Yang DiPertuan Agong has issued a statement that he has to resign because he has lost the confidence of the majority,” Sulaiman 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,” he said, in urging the Appellate Court to no “disturb” the High Court’s ruling.
The Court of Appeal adjourned before it had time to hear Nizar’s application to set aside a stay of execution order granted to Zambry on the High Court’s decision on May 12. The order was handed down by Justice Ramly Ali. Continue here
Thursday, 21 May 2009
Perak MB crisis: Judgment tomorrow
The Court of Appeal -- after hearing submissions and rebuttals from both sides -- 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 Mohammad Nizar Jamaluddin the rightful mentri besar of Perak.