Tuesday, 12 May 2009

Zambry regains MB's post

The Court of Appeal has granted a stay of execution on yesterday's High Court decision which recognised Datuk Seri Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.

In an immediate response Datuk Seri Nizar and his executive councillors vacated their office at 2.30pm, saying they respect the Court of Appeal's decision’ - seven hours after taking over the reins of administration again..

He had been in office for less than 24 hours since the High Court decision.

Zambry regains MB's post, quickly overturns PR's reversions (The NST)

KUALA LUMPUR, Tues: 4:25pm: Barely 21 hours after the Kuala Lumpur High Court ruled Datuk Seri Mohammad Nizar Jamaluddin was Perak Menteri Besar, the post is now back to Barisan Nasional's Datuk Seri Dr Zambry Abdul Kadir.

The Court of Appeal has allowed a stay of execution of the order pending an appeal filed by Zambry this morning, V. Anbalagan reports.

In an immediate response, Zambry overturned the key BN policy reversions declared by Datuk Nizar Jamaluddin earlier this morning, which includes suspensions of the State Secretary and Legal Adviser.

Nizar, in an immediate response, vacated the Mentri Besar's office in Ipoh along with his Exco members at 2.30pm, after gaining access at 7.45am.

On the topsy-turvy nature of the situation now, Nizar commented: "I will for my legal counsel. When everything is clearer, we will see the consequences to ascertain its level."

However, Nizar admitted that both parties need to stop the impasse in perak.

Pakatan Rakyat officials stressed that the decisions made by Nizar with his exco in an emergency meeting last night is valid, even if it lasted for only a mere 16 hours.

Zambry, in a Press conference in Ipoh after winning the stay of execution, declared that he had overturned all the decisions made by Nizar at the "so-called Pakatan Exco meeting."

"Everything is back to status quo," he said.

On whether he should called for an emergency State Assembly sitting, Zambry said he will first go through the grounds of the High Court judgment before reaching a decision.

Meanwhile, in his decision today, Court of Appeal judge Datuk Ramly Ali said he was satisfied that there were special circumstances to grant the stay as Zambry's appeal would be rendered nugatory if the stay was not granted, Bernama reports.

The court, he said, would fix an early date to hear Zambry's appeal. Continue here.


lkh said...

Tok mommy,

Someone from malaysiakini wrote the following & I'm reposting it here, with permission.

Chong Leong : It is reported that the Court of Appeal's Datuk Ramly sat on his own when granting the order of stay against Nizar being declared the rightful Menteri Besar of Perak. This is in contravention of Section 38 of the Court of Judicature Act 1964, which provides that every proceeding in the Court of Appeal shall be heard and disposed of by three judges or such greater uneven number of Judges as the president may in any particular case determine.And a judge of a certain panel of three or more uneven number may be excused to a number no less than two, according to section 42 of the same act. So it seems the stay order against Nizar is not in order. Even worse, it may be seen as tainted and made in haste just to preserve certain persons in power. Just when we are regaining some hope with the judiciary, all is done to erode that little glimpse.

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pemerhati said...

The impasse in Perak is not in anybobody's interest.

The decision on who should form the rightful governemnt should no longer be decided in court but rather by the people in Perak.

Dissolving the Asembly and agreeing on a fresh election is the best option.

Let the people decide.

matt said...

I am in total agreement with pemerhati that going to court is not the best option to end the political impasse in Perak.

Dissolve the assembly and leave it to the rakyat to decide who they want to govern the state.

Why is Najib afraid to go back to the people?

puteri said...

So what has happened to the slogan "Rakyat didahulukan" ?

Will it remain as mere slogan?

Does he not think of the rakyat yang semakin terhimpit dengan kemelut di Perak?

seri said...

Najib is resisting a fresh election because he fears the BN will lose badly in Perak.

Nizar does not want to take the floor test because he knows he will be outvoted (BN 28 Aduns + 2PR turncoats+ 1DAP Hee=31 against Pakatan’s 28) if a motion of no-confidence is tabled against him in the Assembly.

There’s no point going to the court to resolve the impasse. It will be a long journey, unless, of course, the Court can expedite the process like it did yesterday (granting a stay of execution to Zambry & putting him back as MB).

However, the Malaysian judiciary has been - rightly or wrongly -perceived as “unfair” and “bias” in favour of Barisan.

And people’s perception is that BN has robbed the Perakians of their rights to have their say.

nurulshima said...

its all too complicated and such chaos is annoying

rahsia said...

I wonder whether if Sivakumar is still the speaker, will he let a motion of no confidence be carried out?

I think that's also a part of the speaker's power that should be curb as it provide a mean to reject a legitimate motion. Just like the Sultan's prerogative to agree to a snap election request by the MB.

These flaws in the constitution should be amended to be as clear as possible. Otherwise we can argue till the cows come home & the mosquito goes to sleep.