Pakatan Rakyat Nizar is Menteri Besar
UPDATED
By Debra ChongKUALA LUMPUR, May 11 – Pakatan Rakyat’s Datuk Seri Nizar Jamaluddin is the real mentri besar of Perak , the Kuala Lumpur High Court decided today.
Judge Datuk Abdul Aziz Abdul Rahim said in his ruling that the only way the mentri besar can be removed is through a vote of no-confidence that must be taken in the state legislative assembly.
Datuk Seri Nizar Jamaluddin and supporters celebrating the court ruling that he is the rightful mentri besar of Perak. – Picture by Choo Choy May
“Once a mentri besar is appointed, he is answerable only to the assembly,” he told the court, noting both political factions, PR and Barisan Nasional (BN) each had an equal number of 28 seats in the Perak State Assembly.
“Therefore, based on democratic practice, any measure of loss of confidence in the mentri besar of Perak leadership should be taken by vote of no-confidence against him on the floor of the state legislative assembly. Only in this manner can the mentri besar be forced to resign,” he added.
The judge noted that the provisions under Article 16 of the Perak Constitution – specifically under Articles 16(2) and 16(6) respectively – dealing with the ruler’s royal right to appoint an MB and to dissolve or not to dissolve the assembly were “plain and obvious” and did not give the ruler any right to sack the MB.
Justice Abdul Aziz pointed out that because of the “lacuna” (Latin for “loophole”) in the law, the court could not read it to mean something that did not exist.
He added that the only way to correct the loophole was for the law to be amended.
He also noted Nizar was not challenging the Sultan’s royal rights as a constitutional monarch but was suing Zambry for usurping his post as MB when he had not quit or been dismissed by the assembly.
Turning his attention to Zambry, the respondent in the lawsuit, the judge explained there had been a clear way out.
“If the respondent’s claim in this case is truly undeniable, that he has 31 majority, after the three ADUN expressed support, commanded the confidence of the majority and His Royal Highness had refused to consent to the request of the applicant to dissolve the assembly, why the BN did not request His Royal Highness to summon the assembly for a special sitting so that a motion of no-confidence can be made to pass against the applicant?” quizzed Justice Abdul Aziz.
“That would have been in accordance with the democratic process,” he highlighted.
The High Court also rejected an oral appeal from Barisan Nasional’s (BN) Datuk Seri Zambry Abd Kadir to suspend the declaration as he was planning to file an appeal with the Court of Appeal in Putrajaya.
But Justice Abdul Aziz told Zambry’s chief counsel Datuk Cecil Abraham he could still make a written application to the High Court after checking with the authorities.
Nizar’s chief counsel Sulaiman Abdullah explained to reporters later that if the High Court had granted Zambry’s request for a stay of the declaration, Nizar would not be able to immediately seek an audience with the Sultan and as the lawful MB ask for a dissolution of the assembly.
Nizar, who attended the court hearing today, looked stunned when he heard the judge decide in his favour.
He was immediately engulfed in hugs and congratulatory handshakes from his wife Fatimah Taat and peers from the three-party PR alliance, including Pas election director Datuk Mustafa Ali, PKR’s vice-president Azmin Ali and Perak DAP chief Datuk Ngeh Koo Ham.
Speaking to reporters after disentangling himself from the multiple arms around his neck, Nizar said he was going to seek an audience with the Perak sultan and ask for the assembly to be dissolved, paving the way for fresh statewide elections.
“I’ll be approaching the palace for dissolution almost immediately on arrival to Ipoh. I will seek an audience with Tuanku,” he said.
But Nga Kor King of the DAP believes Sultan Azlan Shah is now in the United States. He told The Malaysian Insider the Perak PR alliance will hold a meeting tonight to discuss the next step while waiting for an audience with the ruler.
“We must give the Sultan time,” he stressed.
Meanwhile, Bernama reported that the police have warned the public not to gather near the state secretariat here to prevent any untoward incident.
Perak police chief Datuk Zulkefli Abdulah said police would take action against those who defied the order.
The police, including the Federal Reserve Unit, have been stationed at the building, he said when contacted today, and insisted that the situation was under control.
Popularity: 20% [?]
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21 Responses to “Pakatan Rakyat Nizar is Menteri Besar”
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Inspirational word from gkm2020
Amen.
RE: “Pakatan Rakyat Nizar is Menteri Besar.”
Finally. The truth prevails. As always.
The Peninsular people are fighters and don’t accept indimidation. Nizar fought hard against the Monarchy, the Police, the PM, the AG, the IGP, the Judiciary (remember Ridwan) and the pirate Zambry bcoz he knew the people supported him and will return him to power. Sarawakians need to develop that hardcore spirit of fighting and end Taib’s rule. When Perak goes into election, Umno and BN will be wiped out.
Shout the Joy ALLELUIA….!!
Anang guai manjong ba pala wong, unggal. PM ke pemadu disayauka kitai, Aya Ajaib agi ka ngapil, apin puas. He wants to get Perak by hook and by crook.
Dayak,
THE TRUTH SPEAKS FOR ITSELF !!!!!!!!!!
What happened to our former CM in 1966 in Sarawak, resurfaced in Perak.
THE TRUTH SPEAKS FOR ITSELF !!!!!
Political crisis in Perak is far from over unless the assembly is dissolved by giving the power to its people to elect their leaders.
The present political situation in Perak is by process of law the legitimate Menteri Besar is Mohd. Nizar but in politics he is losing because Barisan Nasional has three-seat majority in the 59 seat state assembly when the three defectors from Pakatan Rakyat declared themselves `friendly` to the Barisan.
With the ruling of Kuala Lumpur High Court to declare that Mohd. Nizar is the rightful Menteri Besar of Perak, the question now is whether the Perak state assembly sitting on 7.5.09 called by BN was legal or otherwise. This is very important to determine the legality on the appointment of the new speaker, Ganesan and on the proposed motions which were approved in the sitting.
This is what we called DEMOCRACY. Any misunderstanding must be discussed in a democratic manner. We don”t want the ordinary rakyat to suffer unnecessarily due to some arogant politician who thinks of power grabbing. Contratulation to the PR. Hopefully they will do their best to serve the rakyat of Perak.
Consider these two events:
1. When Anwar propose no-confidence vote for Pak Lah as PM, the Dewan Rakyat Speaker reject it as only PM can consider that motion and not the Speaker.
2. But for Perak DUN, the BN-appointed Speaker call emergency sitting to file motion deemed fit by the Speaker to protect by any means for BN stronghold on Perak DUN even on their majority gained through deceit of defection.
Two different unique roles of Speaker contradict itself by virtue of principle.
Then the case precedent of Ningkan in which this Nizar’s role as MB being reinstated. Our 1st CM and 1st and last ‘truly’ Dayak CM, Stephen Kalong Ningkan being removed by Sarawak TYT (Tun Openg, father of Abg Johari Openg Housing minister now) of losing the majority but Court ruled that the signature letters of 21 of 42 ADUN is not binding so proper DUN motion must be filed in order to remove the CM and CM post is vacant. But Ningkan refuse to step down which lead the emergency rule being imposed by TYT. Somebody hate to see Dayak hold power is up for anyone guess, truth is in the pudding.
It is pivotal for CM post is VACANT first and foremost then the next CM can be appointed. That is the case of all legislature where DUN is dissolved, nobody held any post until after the election then appointment can follow, same applies in event of defection where new MB must be appointed as new majority leader. Nizar counsel Sulaiman is right when raised that Sultan can appoint MB but cannot remove or sack him. That’s mean only the people’s vote can appoint new MB. It’s all goes back to the people and Nizar have the right to request DUN dissolvement at any time to determine who really command majority votes and support from the people, not the DUN members by means of deceit if principle of voters choice at time of election take into effect. The voters vote the ADUN for that particularly party and not vote the ADUN to defect later. That is cheating your pledge and voters don’t deserve it so that ADUN must quit and let voters choose their new ADUN fit for them again.
Sultan probably erred big time here but looking how circus-wild the situation now, Sultan must consent for dissolvement and call fresh election. There is no question of funds wastage as EC money all paid by people money and what better expenditure to spend their money to get their voice back. Note that how much PKFZ scandal cost of RM8-12 billions of people money lost and burned, it’s a minute small candy cost to hold election again.
It’s all back to the people. People first, performance now. Sounds familiar right.
Dissolve the State Assembly and call for fresh election, that is the only to solve the problem. I will not be surprise if Perakian gives more than 2/3 majority to PR this time in Perak. Bye Bye BN Perak.
Personally,as a Malaysian Dayak I am worried,our PM does not abide by the court ruling and had said that the government would appeal against the judgement.
The whole system is getting more messy now,and I hope and pray that nothing much worse would happen.
ANANG guai manjong pala wong.
Peda kitai Sid BN ka ngapil baru. Ni nemu court apil nya meri sida BN Menang.
Jampat-Jampat PKR ubar DUN Perak. Ba-Pilih baru.
I am worry that this is just a “gimik politik”. They want to let people “know” that the court and the justice system is not one sided. It is too early to make any conclusion on this. Let wait and see what happen next.
Nyaaaaaaa….nya meh utai ku aku dulu tadi. Anang guai manjong ba pala wong. Naaaa…kati baka. Kumbai kitai enda pintar perintah. Ni nya bisi sempat ka bubar! Pelaba aku, kot ke mutus pechara nya ga ke meri jalai agai BN.
The “next” had happened,now Zambry is Menteri Besar again,barely 24 hours after the KL High Court had installed Nizar as MB.
Maybe in the future,let’s use the courts to elect our YBs so as to reduce costs.
Forget about having elections.That is Malaysia Boleh bah !!!!
Court of Appeal grants Dr. Zambry for a stay of executiion on Kuala Lumpur High Court ruling to declare Mohd. Nizar was the rightful menteri besar of Perak. That means Dr. Zambry is still the menteri besar of Perak and can act or implement the responsibilities, functions and duties of menteri besar Perak until the disposal of the case in the appeal.
Very rare case we can observe that the Court of Appeal only took less than three hours for a panel to be set up, but under normal circumstances it takes months or even years.
Sadly, both Barisan and Pakatan using courts on legal battles and the process may takes time when we can see later appeals and counter-appeals by both sides.
The real losers are the people of Perak. The best solution to solve the crisis is by the dissolution of the assembly to pave for a fresh election by giving the power back to its people to elect their leaders.
Of late, BN leaders just tried to get excuse of funds wastage to call for fresh election. Just admit that you are scared to face the people power.
Yes, super and very efficient, created history. An appeal was filed at 9.20 am and the proceedings started at 12.15 pm according to news last night. Less than three hours to set up a panel.
1st of all, look like there`s no end to all this politicking in near future. how BN govt topple Pakatan are totally unacceptable. Speculation of Anwar planning few by-election also unacceptable. People has spoken thru their vote in the last general election. i would rather see Pakatan govt stabilise themselves in Pakatan govts and prove to all the rakyat wat they capable of. we give ur all the chance already and get down to work and STOP all this politicking, PROVE to us u all are far more better than BN. ONly then we continue supporting u guys when we see the result. I`m totally not voting for BN. They always can do watever they want to do. They don`t care much of rakyat. Pls, All this by-election must stop, u guys wasting the taxpayers money juz like BN did too. So wat the DIFFERENCES between Pakatan and BN?? Now, ask urself.
Bubar ka ajak..udah nya bepilih ney..pelik mutul la nyau makamah nentu ka sapa bekuasa mukan layat la..
Yang Sah! dan Yang Layak! adalah Keadilan! dan Kebenaran! yang sebenar!.
Mahkamah Tinggi Persekutuaan memutuskan Tan Sri Nisar MB yang Sah!.Nisar MB yang Sah!(Halal) Dr Zamri tidak Sah!(Haram) Semua yang terjadi semasa rampasan kuasa oleh BN dan sehingga keputusan Mahkamah diumumkan adalah tidak Sah! BN & Zamri tidak Sah memerintah.(Dibatalkan) Keizinan dan keputusan Sultan Aslan melantik Zamri dan mengadakan perSidangan DUN Perak tidak Sah!
PM Najib dan Dr Zamri memberitahu mereka menerima keputusan Mahkamah dengan hati lapang/terbuka tetapi akan minta/buat Rayuan keputusan Mahkamah bermaksud mereka ini Penipu/membohongi diri sendiri/tidak jujur dan menyesatkan rakyak/ mengelirukan rakyat.Rakyat tidak buta dan rakyat bukan bodoh.
-Cara yang terbaik untuk menyelesaikan masalah kita pergi/melihat kepada punca masalah tersebut dan selesaikan secara specifik/direct to the point or problem with the 3 DUN PR yang keluar Parti jadi Ind. bukannya Bubarkan DUN Perak tetapi mereka bertiga tersebut perlu akur/jujur/ikhlas/beretika/bertanggong jawab meletak jawatan/resign dan diadakan Pilihan Raya baru bagi 3 DUN tersebut saja. Bukan Bubar DUN Perak,tak perlu PIlihan Raya secara Keseluruhan DUN Perak tetapi hanya 3 DUN Ind. itu saja yang perlu dan wajib.
-Secara jujur mereka bertiga iaitu 3 DUN PR yang keluar Parti jadi Ind. telah sign(tanda tangan) surat sumpah akan letak jawatan jika mereka keluar Parti adalah Sah! dan muktamad!Sepatutnya tidak boleh dipertikaikan kebenarannya. Tiada siapa boleh menghalang atau pun tidak perlu melarang mereka keluar Parti/lompot Parti/masuk Partikah itu hak dan kebebasan mereka tidak boleh dipersoalkan/dipertikaikan tetapi kebenarannya mereka sudah bersetujuh dan sudah bersumpah meletak jawatan sekiranya mereka keluar Parti adalah benar/beretika dan perlu bertanggong jawab bukan soal bebas masuk Parti.
-BN, Peguam dan Hakim perlu jujur/ beretika dan Neutral dalam menyelesaikan masalah tersebut yang jelas adalah Tan Sri Nizar adalah MB yang Sah dan 3 DUN PR yang keluar Parti perlu letak jawatan kerana sudah dipersetujui sebelum jadi calon PR mereka ada sign(tanda tangan) surat sumpah meletak jawatan jika melompat/keluar Parti adalah Sah/Muktamad dan tak boleh dipertikaikan. Jangan jadi bodoh dan jangan memperbodohkan diri sendiri. Jangan main main dengan Keadilan dan Kebenaran merbahaya! dan merugikan Rakyat!