NIZAR SEEKS TO SET ASIDE COURT OF APPEAL ORDER
KUALA LUMPUR, Malaysia: Pakatan Rakyat's (PR) Datuk Seri Mohammad Nizar Jamaluddin is applying today to set aside yesterday's Court of Appeal order to stay his declaration as the rightful mentri besar( Chief Minister) of Perak.
A lawyer for Nizar told The Malaysian Insider the legal team will be filing the application at the same court in Putrajaya after lunch.
Court of Appeal judge Datuk Ramly Ali had yesterday granted Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir's request to suspend the declaration, effectively preventing Nizar from carrying out the duties of an MB until his appeal proper is heard.
Zambry had filed his appeal early yesterday morning. Nizar had sued Zambry in the High Court for "usurping" the MB's post in February.
High Court judge Datuk Abdul Aziz Abdul Rahim decided in Nizar's favour last Monday. Justice Abdul Aziz ruled that Nizar was the lawful MB, noting he had not resigned nor been officially removed by members of the Perak Legislative Assembly, which can only be carried out through a vote of no confidence tabled against him on the floor of the assembly.
Courtesy: The Malaysian Insider
A lawyer for Nizar told The Malaysian Insider the legal team will be filing the application at the same court in Putrajaya after lunch.
Court of Appeal judge Datuk Ramly Ali had yesterday granted Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir's request to suspend the declaration, effectively preventing Nizar from carrying out the duties of an MB until his appeal proper is heard.Zambry had filed his appeal early yesterday morning. Nizar had sued Zambry in the High Court for "usurping" the MB's post in February.
High Court judge Datuk Abdul Aziz Abdul Rahim decided in Nizar's favour last Monday. Justice Abdul Aziz ruled that Nizar was the lawful MB, noting he had not resigned nor been officially removed by members of the Perak Legislative Assembly, which can only be carried out through a vote of no confidence tabled against him on the floor of the assembly.Courtesy: The Malaysian Insider
NIZAR IS THE RIGHTFUL PERAK CHIEF MINISTER
Datuk Seri Mohammad Nizar Jamaluddin was declared the rightful Perak Menteri Besar by the High Court here Monday.
KUALA LUMPUR, Malaysia: With the decision, the question of who is the rightful Menteri Besar Nizar or Datuk Seri Dr Zambry Abdul Kadir which has plunged the state into political turmoil for more than 100 days, was finally answered.
High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim ruled that Nizar did not vacate the office of Menteri Besar as he had not lost the majority confidence of the state legislative assembly.
In this case, said Abdul Aziz, there was no vote of no confidence issued against Nizar.
"How can one say that the applicant (Nizar) had lost his majority confidence under Article 16(6) of the Perak Constitution?"
"Based on the democratic practice, the issue of the loss of majority confidence should only be taken by a vote of no confidence against the applicant (Nizar), only by this manner can a Menteri Besar be removed," Abdul Aziz, said in his written judgment which was delivered at 2.30pm.
On Feb 13, Nizar, 52, filed an application to the court for a declaration that he is at all material times the rightful Menteri Besar of Perak.
Nizar, who was appointed Menteri Besar on March 17 last year after the opposition alliance won 31 seats at the 12th general elections, also sought a declaration that Zambry has no right to hold the office of Menteri Besar.
Abdul Aziz, in his judgment, said that a Menteri Besar could not be dismissed by the Sultan of Perak for the reason that he did not hold the office at the sultan's pleasure.
The dismissal of the Menteri Besar by the Sultan of Perak was never contemplated by Article 16(6) of the Perak Constitution, he added.
KUALA LUMPUR, Malaysia: With the decision, the question of who is the rightful Menteri Besar Nizar or Datuk Seri Dr Zambry Abdul Kadir which has plunged the state into political turmoil for more than 100 days, was finally answered.High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim ruled that Nizar did not vacate the office of Menteri Besar as he had not lost the majority confidence of the state legislative assembly.
In this case, said Abdul Aziz, there was no vote of no confidence issued against Nizar.
"How can one say that the applicant (Nizar) had lost his majority confidence under Article 16(6) of the Perak Constitution?""Based on the democratic practice, the issue of the loss of majority confidence should only be taken by a vote of no confidence against the applicant (Nizar), only by this manner can a Menteri Besar be removed," Abdul Aziz, said in his written judgment which was delivered at 2.30pm.
On Feb 13, Nizar, 52, filed an application to the court for a declaration that he is at all material times the rightful Menteri Besar of Perak.
Nizar, who was appointed Menteri Besar on March 17 last year after the opposition alliance won 31 seats at the 12th general elections, also sought a declaration that Zambry has no right to hold the office of Menteri Besar.Abdul Aziz, in his judgment, said that a Menteri Besar could not be dismissed by the Sultan of Perak for the reason that he did not hold the office at the sultan's pleasure.
The dismissal of the Menteri Besar by the Sultan of Perak was never contemplated by Article 16(6) of the Perak Constitution, he added.
Abdul Aziz said that although the Sultan of Perak had the prerogative power in a Menteri Besar's appointment, a Menteri Besar, once appointed, was only answerable to the members elected
However, Barisan Nasional (BN) will appeal against the Kuala Lumpur High Court's decision that Datuk Mohammad Nizar Jamaluddin is the rightful Perak menteri besar, probably by tomorrow, said Datuk Seri Najib Tun Razak on Monday.
"We feel we have a strong case," he told reporters after meeting Pemudah, the Special Task Force to Facilitate Business, at his office, here.
Courtesy: BERNAMA
However, Barisan Nasional (BN) will appeal against the Kuala Lumpur High Court's decision that Datuk Mohammad Nizar Jamaluddin is the rightful Perak menteri besar, probably by tomorrow, said Datuk Seri Najib Tun Razak on Monday.
"We feel we have a strong case," he told reporters after meeting Pemudah, the Special Task Force to Facilitate Business, at his office, here.
Courtesy: BERNAMA
BN AND PR TO OPEN TALKS TO RESOLVE CRISIS IN PERAK
MALAYSIA : Both Datuk Seri Najib Tun Razak and Datuk Seri Anwar Ibrahim ( photo) agreed that Barisan Nasional (BN) government and the opposition parties should resolve the political crisis in Perak amicably.According to the prime minister, the cooperation should be based on the spirit of mutual respect and adherence to the country’s law.
“Cooperation does not mean forming a coalition government. It doesn’t have to be in that form. It can take various other forms but the most important thing is that there should be mutual respect,” he told reporters after opening Pekan Umno branch meetings here today.
Najib was commenting on the statement by DAP parliamentary leader Lim Kit Siang yesterday that he (Lim) was willing to meet Najib to discuss the Perak political impasse. Najib stressed that the Perak political crisis could be avoided if all parties adhered to the law and respected one another.On the same gesture, Opposition Leader Datuk Seri Anwar Ibrahim also said that the opposition pact is prepared to hold discussions with any party, including Umno and Barisan Nasional, to find ways to resolve the Perak political crisis.
The Parti Keadilan Rakyat (PKR) advisor said there was no reason for Pakatan to reject good intentions on the part of any party to resolve the matter.
"There is no reason to refuse good intentions, including from Umno and BN, provided that the discussion will be followed up by actions that are in accordance with the law," he told reporters after meeting the Permatang Pauh Village Security and Development Committee chairmen here today.
He was asked to comment on a statement by Prime Minister Datuk Seri Najib Tun Razak today that the BN was prepared to cooperate with the opposition parties to resolve the Perak political crisis.
However, Najib had made it clear, however, that the BN would not agree to a coalition government.
Courtesy: The Malaysian Insider
ARRESTS AT MALAYSIAN OPPOSITION DEMO
Malaysian police wearing riot gear have set up blockades around the Perak assembly
At least 12 people have been arrested in the northern Malaysian city of Ipoh during opposition-led protests over the government's takeover of a state assembly.The arrests on Thursday come amid an increasingly tense showdown between the ruling National Front coalition and the opposition alliance over who rules the state of Perak.
Opposition leaders had called for protests outside the assembly which was due to meet on Thursday for the first time since the previous state government was ousted.
In response police, some wearing riot gear and backed by water cannon, surrounded the assembly building and set up a 500 metre exclusion zone.
Several people wearing black, the colour chosen by the opposition to protest against the takeover, were arrested.
Jenice Lee, an opposition state assemblywoman from the state of Selangor near the capital Kuala Lumpur was among those detained."I am an elected representative, I am not fighting you," she said as she was dragged away.
Lim Kit Siang, a senior member of the national parliament with the opposition Democratic Action Party, was also barred from entering the assembly building.
He said the government's move had turned the area around the assembly into a "war zone" and said the refusal to allow protests was "a national and international disgrace".
Courtesy: Al jazeera
817 VILLAGE CHIEFS TO SUE PERAK GOV'T
IPOH, MALAYSIA: Barisan Nasional may soon be flooded with another mountain of lawsuits in Perak, this time filed by each of the state's 817 Pakatan Rakyat-appointed village chiefs who are fuming over the sudden termination of their services last week.The group have now laid down an ultimatum for Mentri Besar Datuk Dr Zambry Abd Kadir to apologise and retract the termination order within the next 48 hours or face the possibility of a hefty lawsuit for breach of contract.
According to them, they had each received the termination letters signed by their respective district officers last Thursday.
The letters stated that in accordance with a decision made by BN's state executive council on March 11, all the state's 817 village chiefs and their respective village development and security committees (JKKKs) were officially defunct from that day on (April 16).About 40 of them who turned up for a press conference at the Perak DAP headquarters here today, said the termination orders were illegal for their contract of service only expired in 2010.
Former state executive councillor Nga Kor Ming said that when the group was elect
ed into their posts last year, their appointment letters clearly stated that they were to serve for a two-year term beginning Aug 1, 2008, until July 31, 2010."However, they have only served for a mere eight months and already they are being terminated.
"Unless the village chiefs had committed some sort of criminal offence or something to that effect, they cannot be removed from their posts without reason," he said.
Courtesy: The Malaysian Insider
GRABBING OF POWER IN PERAK IS UNLAWFUL
Dr Mahathir shows a keris he received as a souvenir at the event.
Former Prime Minister Tun Dr Mahathir Mohamad has hit out at the manner by which the Barisan Nasional took over Perak. He said mistakes, bad strategy and carelessness in the Feb 5 power grab, orchestrated by Deputy Prime Minister Datuk Seri Najib Razak, had led to the current crisis in the state.
He said “You cannot topple a menteri besar or a prime minister without a no-confidence vote in the assembly. There is no other provision.
Umno-BN was too careless and did not wait for an assembly but instead asked the Ruler to sack the menteri besar. As far as I know, there is no such provision in the Perak or Federal Constitution. Because this may be in conflict with the law, we find that people will not comply. Because we started on the wrong foot, people are now against us,”
Dr Mahathir said that BN should have done it properly and not "be in conflict with the law" as the courts may now rule that the Sultan has no right to sack a menteri besar. He added that a Sultan could only reject a candidate for one of his choice after an election but even this candidate could be defeated in the assembly by a vote.
The veteran politician said BN should have "followed the laws of the country, especially the constitution."
Courtesy: The malaysian InsiderDr Mahathir said that BN should have done it properly and not "be in conflict with the law" as the courts may now rule that the Sultan has no right to sack a menteri besar. He added that a Sultan could only reject a candidate for one of his choice after an election but even this candidate could be defeated in the assembly by a vote.
The veteran politician said BN should have "followed the laws of the country, especially the constitution."
PERAK'S LAW OF THE JUNGLE
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But the constitution does not appear to be followed now, whether in appointing a Menteri Besar or separating the powers of the executive, legislature and judiciary.Notwithstanding the show of unity and support from Umno, the average Malaysia does not view the royals in the same light they did 12 months ago.
Since the time the Barisan Nasional government was sworn in by the Perak palace, there has been polarization in both the state and country.
Everywhere, there are cries of “Foul!” at the way the executive has interfered with the legislature, and now, even the courts. The civil service and police, too, seem to have forgotten the doctrine of the separation of powers.
That has led to the assembly under a rain tree, subjecting Malaysia to ridicule for its practice of democracy.Instead of the constitution, the law of the jungle, where might is right have been used against lawfully-elected assemblymen attending a meeting on state matters.
Everywhere, there are cries of “Foul!” at the way the executive has interfered with the legislature, and now, even the courts. The civil service and police, too, seem to have forgotten the doctrine of the separation of powers.
That has led to the assembly under a rain tree, subjecting Malaysia to ridicule for its practice of democracy.Instead of the constitution, the law of the jungle, where might is right have been used against lawfully-elected assemblymen attending a meeting on state matters.
Has there ever been a case of riot police standing by as unidentified individuals are allowed to prevent assemblymen from the state legislature?
Has there ever been a case where the assembly speaker is not allowed to convene meetings?
Is the state ruler even aware that his name is being used in vain by civil servants to deny his lawmakers both government and opposition from meeting?
There was a time, depending from which side you are on, when the monarchy was held in high regard. The nine royal houses were regal, wise, caring and reigned but did not rule. This time last year, Malaysians applauded them for choosing state governments with care, despite pressure from either Barisan Nasional or Pakatan Rakyat.
With their wisdom, Perlis and Trengganu switched menteris besars despite pressure from Umno. And, Perak was led by Nizar from Pas despite it having the least number of seats among its partners. The fact that the state constitution made it explicit that it had to be Malay Muslim helped tilt the scales in his favour.
With their wisdom, Perlis and Trengganu switched menteris besars despite pressure from Umno. And, Perak was led by Nizar from Pas despite it having the least number of seats among its partners. The fact that the state constitution made it explicit that it had to be Malay Muslim helped tilt the scales in his favour.
But the constitution does not appear to be followed now, whether in appointing a Menteri Besar or separating the powers of the executive, legislature and judiciary.Notwithstanding the show of unity and support from Umno, the average Malaysia does not view the royals in the same light they did 12 months ago.More so the Perak royal house, which had always been seen as the wisest and fair, be it from their speeches or their deeds. The power to choose is with the people but the power to decide is with the palace.One would hope wisdom prevails for both the people and the palace, not the law of the jungle that Perak has witnessed this week, when a rain tree provided what the royals could not shelter from injustice.
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