Wednesday, May 13, 2009
Tuesday, May 12, 2009
PERAK | Your Honor, why is it your business ...?
"In granting the appeal. Ramly noted the special circumstances of the application, as this does not only involve the applicant (Zambry) or the respondent (Nizar) but the whole of Perak."
malaysiakini.com
PERAK | Legitimate MB Nizar, returns to work
A Court of Appeal today handed the Perak State Government back to Zambry Abdul Kadir after Nizar was declared as the legitimate MB yesterday.
Only God knows what will happen tomorrow!
2:45pm Nizar escorted out of the state secretariat building. He is giving a press conference now.
2:30pm Dr Zambry said he would respect the court’s stay of execution and would resume duties as Perak MB. He urged Nizar to show the same respect.
He also said that all decisions made by the Barisan state government remain as status quo, and lifts the suspension -- served earlier Tuesday -- of the state secretary and state legal adviser - Star Online
Ipoh: 12 May
A Press Conference was scheduled for 11.00 am to publicise official statements from Datuk Seri Nizar. At this press conference Datuk Seri Nizar is expected to announce his earlier meeting with the Perak Palace and its outcome, if any.
The whole nation awaits the subsequent legitimate orderly flow of events since the High Court ruling yeasterday 11th May. Events here will be pointers for all the States, that misgovernance and inaccountability must cease to save further ruin to the country.
Monday, May 11, 2009
PERAK| High Court rule leaves Zambry Haram!
H O T NEWS !!!
Published: Monday May 11, 2009 MYT 3:46:00 PM
Updated: Monday May 11, 2009 MYT 4:37:08 PM
Nizar is rightful MB: High Court
KUALA LUMPUR: The High Court here ruled rule on Monday that Datuk Seri Mohammad Nizar Jamaluddin is the rightful Perak Mentri Besar, and not Barisan
Nasional’s Datuk Seri Dr Zambry Abdul Kadir.
In an immediate response, Zambry said he would apply for a stay pending appeal. This was rejected by the court.
Nizar left the courtroom saying he would seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get his consent to dissolve the Assembly and call for fresh state elections.
He would make his request for the audience at a state function at the Istana Kuala Kangsar Tuesday morning.
In his ruling Monday, Justice Abdul Aziz Abd Rahim said that a new mentri besar could not be appointed as the office had not been vacated.
He said a mentri besar can only be dismissed by a vote of no confidence, and upheld the Stephen Kalong Ningkan ruling.
He noted that the Perak State Legislative did not hold a vote of no confidence.
In 1966, Sarawak Chief Minister Datuk Stephen Kalong Ningkan was ousted when the state governor showed him a letter of no confidence issued by 21 out of 42 legislators and asked Ningkan to resign.
Ningkan refused, saying the letters were not tantamount to a vote of no confidence in the state legislative assembly. He was sacked by the governor but eventually reinstated by the Borneo High Court, which saw the necessity of a formal vote of no confidence.
According to the Nutgraph, the judge ruled ruled that the governor can only dismiss the chief minister when both these conditions are satisfied:
(a) The chief minister has lost the confidence of the House, and
(b) The chief minister has refused to resign and failed to advise a dissolution.
Nizar had filed for a judicial review on Feb 13, seeking a declaration that he is the rightful mentri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the mentri besar.
On March 6, Justice Lau Bee Lan had ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution and later referred four consitutional questions to the Federal Court for determination.
However, on March 23, the Federal Court ruled that the case of who the rightful mentri besar is should be heard by the High Court.
Nizar’s lead counsel Sulaiman Abdullah, in wrapping up his submissions last week, said the Constitution was the “genius of the Malaysian people”, adding that the court had a duty to uphold it. Over the last few days, he had submitted that the Sultan, while granted powers in the Perak Constitution to appoint a mentri besar, could not dismiss him.
The only way Nizar could be dismissed, he said, was through a vote of no-confidence in the House.
He also said that a mentri besar could request for the State Assembly to be dissolved in the middle of a term without losing the confidence of the majority of the House.
Dr Zambry’s lawyer Datuk Cecil Abraham, however, argued that Nizar went by Article 16(6) of the Perak Constitution when he sought an audience with the Sultan – this article specifically provides for the mentri besar to request for a dissolution when he has lost the confidence of the majority in the House.
Under the article, Nizar is required to tender the resignation of his executive councillors when his request was rejected, he said.
The Star Online
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