Court of Appeal rules Zambry is Perak MB

The rightful MB of Perak Datuk Dr. Zambry (courtesy of NST @ 22 Mei 2009)

As I have opined in my last post on the Perak crisis, the Court of Appeal today unanimously rules that HRH the Sultan of Perak had legally and rightfully done what he did in appointing Datuk Dr. Zambry as the MB of Perak and by refusing to dissolve the Perak State Legislative Assembly when sought by Ex MB Datuk Mohd Nizar to do so as he believed then that the latter had ceased to command the confidence of the majority of the Assembly.

Below is the report published By LISA GOH and YENG AI CHUN courtesy of the STAR ONLINE late this evening:-

PUTRAJAYA: The Court of Appeal has unanimously ruled that Datuk Seri Dr Zambry Abd Kadir is the valid mentri besar of Perak.

The three-man bench, in setting aside the High Court’s decision earlier which ruled that Datuk Seri Mohd Nizar Jamaluddin was the rightful mentri besar “at all material times,” held that Nizar had ceased to command the confidence of the majority of the Perak State Legislative Assembly.

“The learned High Court judge erred in his interpretation of the relevant provisions in the Perak Constitution.

“Accordingly, the appeal is allowed,” said Justice Md Raus Shariff, who chaired the bench, which also comprised Justices Zainun Ali and Ahmad Maarop.

The court held that based on the facts of the case, Sultan of Perak Sultan Azlan Shah was right in making enquiries to satisfy himself on who held majority in the state assembly, and was right in his appointment of Zambry.

It further ruled that there was no express requirement in the Perak Constitution that there had to be a motion of no-confidence passed before it was determined that Nizar had ceased to command the confidence of the assemblymen.

“The fact that the respondent (Nizar) had ceased to command the confidence can be obtained through other means,” he said.

Justice Md Raus delivered the judgement in less than 10 minutes, and said that the written judgement would be prepared in about a week.

Based on the facts of the case, the court found that Nizar’s request for dissolution was made under Article 16(6), and not Article 36(2) of the Perak Constitution.

Article 36(2) is a general provision for which a request for dissolution can be made when the five-year term of the assembly is drawing to an end.

Article 16(6), on the other hand, states that if the mentri besar ceases to command the confidence of the majority of the legislative assembly members then, unless at his request the Ruler dissolves the legislative assembly, he shall tender the resignation of the executive council.

The bench also affirmed the court’s decision in the case of former Sabah cabinet minister Datuk Amir Kahar Mustapha who refused to resign in 1995 after the then Sabah chief minister Datuk Seri Joseph Pairin Kitingan had quit.

Cheers!