Interesting! Could the Agong sack the PM?

The precedent set by the Federal Court's decision in the Perak constitutional crisis has created a binding effect on the prime minister and federal government, lawyers said.

The apex court today affirmed Barisan Nasional's (BN) Datuk Seri Dr Zambry Abdul Kadir as the rightful menteri besar of Perak, dismissing the appeal brought by former Perak menteri besar Datuk Seri Mohammad Nizar Jamaluddin in a year-long tussle for the state government.

Zambry's counsel Datuk Mohd Hafarizam Harun and Nizar's counsel Edmund Bon both agreed that the Federal Court's decision applied to the prime minister's position with regards to the Federal Constitution and its provisions on the Yang di-Pertuan Agong's role in appointing and dismissing the country's chief executive.

Applying the Perak precedent, Hafarizam said the prime minister similarly must tender his resignation if an opposition leader claimed to command the majority in the Dewan Rakyat and if the King did not consent to the prime minister's request to dissolve parliament.

"(If that should happen), if the Agong does not consent to the prime minister's request to dissolve parliament, the prime minister must resign or his seat will be deemed vacant.

"If you have to wait for parliament to be in session to determine whether the prime minister has majority confidence, some representatives might have defected and parliament would be hung and there would be no government (until parliament can resume sitting or be called)," said the Umno legal adviser in a telephone interview.

Article 43(4) of the Federal Constitution states: "If the prime minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves parliament, the prime minister shall tender the resignation of the cabinet."

That provision is similar to Article 16(6) of the Perak Constitution, which was referred to for the Federal Court's interpretation in Nizar's suit against Zambry. - The precedent set by the Federal Court's decision in the Perak constitutional crisis has created a binding effect on the prime minister and federal government, lawyers said.

The apex court today affirmed Barisan Nasional's (BN) Datuk Seri Dr Zambry Abdul Kadir as the rightful menteri besar of Perak, dismissing the appeal brought by former Perak menteri besar Datuk Seri Mohammad Nizar Jamaluddin in a year-long tussle for the state government.

Zambry's counsel Datuk Mohd Hafarizam Harun and Nizar's counsel Edmund Bon both agreed that the Federal Court's decision applied to the prime minister's position with regards to the Federal Constitution and its provisions on the Yang di-Pertuan Agong's role in appointing and dismissing the country's chief executive.

Applying the Perak precedent, Hafarizam said the prime minister similarly must tender his resignation if an opposition leader claimed to command the majority in the Dewan Rakyat and if the King did not consent to the prime minister's request to dissolve parliament.

"(If that should happen), if the Agong does not consent to the prime minister's request to dissolve parliament, the prime minister must resign or his seat will be deemed vacant.

"If you have to wait for parliament to be in session to determine whether the prime minister has majority confidence, some representatives might have defected and parliament would be hung and there would be no government (until parliament can resume sitting or be called)," said the Umno legal adviser in a telephone interview.

Article 43(4) of the Federal Constitution states: "If the prime minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves parliament, the prime minister shall tender the resignation of the cabinet."

That provision is similar to Article 16(6) of the Perak Constitution, which was referred to for the Federal Court's interpretation in Nizar's suit against Zambry.

- The Edge Malaysia